UNIVERSITY 

OF  CALIFORNIA 

LOS  ANGELES 


LAW  LIBRARY 


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II 


MATTHEWS'S  GUIDE 


SETTLERS  UPON  THE  PUBLIC  LANDS,    LAND  ATTORNEYS,  LAND  AGENTS, 

CLERKS  OF  COURTS,  NOTARIES,  BANKERS,  BROKERS,  AND 

ALL  PERSONS  INTERESTED  IN  THE 


PUBLIC  UlAJSTIDS 


OF  THE  UNITED  STATE  AND  HAVING  BUSINESS  BEFORE  THE  DISTRICT  LAND 

OFFICES,  THE  GENERAL  LAND  OFFICE  AND  THE 

DEPARTMENT  OF  THE  INTERIOR, 

PREFACED  BY  AN 

HISTORICAL  MAP  OF  THE  UNITED  STATES, 


Showing  the  thirteen  original  States,  with  the  Territory  subsequently  acquired,  giving 
the  dates  and  sources  of  acquisition,  followed  by  a  complete  and  exhaustive  statisti- 
cal history  of  each  of  the  land  States  and  Territories ;   the  various  State  and 
Territorial  laws  affecting  real  property  after  title  is  acquired  from  the  United 
States,  the  various  laws  of  the  United  States  under  which  title  to  the  Pub- 
lic Land  can  beacquired,  viz :  The  Homestead,  Desert  Land,  Pre-emp- 
tion, Mining,  Townsite  and  Timber  and  Stone  acts,  with  the  rulings 
of  the  Department  under  each,  notes  on  Railroad  grants,  con 
eluding  with  the  Rules  of  Practice  before  the  United  States 
district  land  offices,  the  General  Land  Office,  and  the  De- 
partment of  the  Interior,  with  amendments  to  date. 


WILLIAM  B.  MATTHEWS, 
Attorney  at  Law. 

(Late  Assistant  Chief  of  the  Pre-emption  division,  General  Land  Office.^ 


WASHINGTON,  D.  C. : 

WILLIAM  L.  WILSON,  PRINTER, 

489  Tenth  Street,  N.  W. 

1889. 


Entered,  according  to  the  a<-t  of  Congress,  In  the  year  1889,  by  William  B.  Matthews,  in 
the  office  of  ili'-  Librarian  of  Congress,  at  Washington,  D.  C. 


T 


INTRODUCTION. 


Brief  Historical  Sketch  of  our  National  and  Public  Domaln. 

The  public  domain  or  public  land  of  the  United  States  is  embraced 
within  its  national  domain.  The  national  domain,  as  established  by 
certain  treaties  with  foreign  powers,  is  "  the  total  area  of  land  and 
water  included  within  the  boundaries  of  the  United  States,"  and  is 
estimated  by  official  authorities  at  3,581,389  square  miles,  or  2,292,- 
•088,960  acres,  constituting  an  empire  in  extent  and  national  resources 
greater  than  that  of  Alexander's  or  that  of  ancient  Rome,  neither  of 
which  it  is  estimated  exceeded  3,000,000  square  miles. 

The  original  area  of  the  United  States,  as  defined  at  the 
close  of  the  Revolution  of  1776  by  the  treaties  with  Great  Britain  of 
1782-'83,  acknowledging  our  independence  as  a  nation  and  defining 
the  boundaries  of  the  confederacy,  extended  from  the  Atlantic  ocean 
on  the  cast  to  the  Mississippi  river  on  the  west,  and  from  the  St.  Law- 
rence river  and  the  Great  Lakes  and  their  water  connections  on  the 
north  to  the  31st  parallel  of  north  latitude,  or  the  northern  bounda- 
ries of  the  Floridas,  on  the  south.  It  embraced  827,856  square  miles, 
or  529,827,840  acres,  and  in  1790  supported  a  population  of  3,637.881, 
which  in  1860  had  increased  to  14,800,090,  and  in  1880  to  20,057,808. 
{See  tables  below ;  also  map.) 

During  the  administration  of  President  Thomas  Jefferson  France, 
by  the  treaty  of  April  30,  1803,  ceded  to  the  United  States  the  prov- 
ince of  Louisiana,  or,  as  it  is  generally  known,  the  "  Louisiana  pur- 
chase," with  an  area  of  926,149  square  miles,  or  592,735,360  acres. 
(See  tables  below ;  also  map.)  Its  cost  to  the  United  States  is  esti- 
mated at  $27,267,621.98. 

In  reference  to  the  acquisition  of  Oregon  Mr.  McMasters,  in  his  History 
of  the  United  States,  one  of  the  latest  authorities  on  the  subject,  main- 
tains that  it  formed  no  part  of  the  so-called  "  Louisiana  purchase.-" 
He  urges :  "  By  Oregon  was  meant  what  is  now  included  in  the  State  of 
Oregon,  the  Territories  of  Washington  and  Idaho,  and  so  much  of 
British  America  as  lies  between  the  Rocky  mountains,  the  parallel  of 
54°50'  and  the  sea.  That  part  of  Oregon  within  the  boundary  of  the 
United  States  has,  since  the  publication  of  the  ninth  census,  been  often 


86 


>o71CS 


INTRODUCTION. 

included  in  the  Louisiana  purchase.  This  is  wholly  wrong.  Never 
at  any  time  did  Oregon  form  part  of  Louisiana.  Marbois*  denied  it. 
Jefferson  denied  it.    There  is  not  a  fragment  of  evidence  in  its  behalf 

Our  claim  to  Oregon  was  derived,  and  derived  solely, from  the  Florida 
treaty  of  L819,  the  settlement  at  Astoria,  the  explorations  of  Lewis 
and  Clarke,  and  the  discovery  of  the  Colombia  river  by  Robert  Gray." 
The  area  thus  acquired  was  251,562  square  miles,  or  160,999,680  acn  -. 

Under  the  treaty  of  February  22, 1819,  with  Spain,  during  the  ad- 
ministration of  President  Monroe,  the  United  States  purchased  east 
and  west  Florida,  and  the  Spanish  title  to  any  lands  north  and  east  of 
a  certain  described  line  heginning  in  the  Gulf  of  Mexico,  at  the  mouth 
of  the  Sabine  river,  in  the  sea,  and  running  thence  north  and  west  to 
the  4'2d  parallel  of  north  latitude,  and  the  100°  of  longitude  west  from 
London,  and  thence  westward  along  said  42d  parallel  to  the  South  sea 
or  Pacific  ocean.  (See  tables  below;  also  map.)  The  area  thus  ac- 
quired equaled  59,268  square  miles,  or  37,931,520  acres,  at  a  cost  of 
$6,4S9,768. 

Under  the  provisions  of  the  joint  resolutions  of  March  1  and  29, 1845, 
and  the  act  of  December  29, 1845,  during  the  administrations  of  Presi- 
dents Tyler  and  Polk,  Texas  was  admitted  into  the  Union,  with  an  area 
of  274,356  square  miles,  or  175,587,840  acres.  Subsequently,  under  the 
act  of  September  9,  1850,  Texas  ceded  to  the  United  States  its  claim 
to  certain  lands  "east  of  the  Rio  Grande,  and  embraced  within  the 
limits  of  the  Rio  Grande  on  the  west  and  south  and  the  boundary  be- 
o  the  United  States  and  Spain,  under  the  treaty  of  February  22, 
1819,  on  the  east."  The  territory  included  in  the  claim  thus  ceded 
equaled  96,705  square  miles,  or  61,891,200  acres,  for  which  the  United 
States  paid  Texas  $16,000,000.     (See  tables  below ;  also  map.) 

By  the  treaty  of  Guadalupe  Hidalgo  of  February  2,  1848,  with  Mex- 
ico, at  the  conclusion  of  the  war  with  that  power,  during  the  admin- 
istration of  President  Polk,  the  United  States,  while  establishing  the 
Rio  Grande  as  the  western  boundary  of  Texas,  acquired  in  genera] 
terms  all  the  territory  extending  west  from  the  western  boundaries  of 
the  province  of  Louisiana  and  Texas  to  the  Pacific  ocean  between  33d 
and  42d  parallels  of  north  latitude.  The  area  thus  added  to  the  na- 
tional and  public  domain  was  522,568  square  miles,  or  334,443,520 
It-  cost  under  the  treaty  was  §15,000,000.  (See  tables  below; 
•  map.) 

Subsequently,  under  the  treaty  of  December  30,  1853,  with  Mexico, 
commonly  known  as  "the  Gadsden  purchase,"  during  the  administra- 
tion of  President  Pierce,  the  United  States  acquired  the  Messilla  valley, 
or  an  area  of  45,535  square  miles,  or  29,142,400  acres,  at  a  cost  of 
$10,000,000.    (See  tables  below;  also  map.) 

•  M.  Barbe  <!•■  nfarbols,  as  a  minister  of  Napoleon's,  was  the  negol  lator  <>n  W»e  part  of 

ihe  treaty  of  Apr  180,  i-    feeding  tii"  province  of  Louisiana  to  tin*  united 

mii>-'  quently  the  author  <>f  a  "  History  of  Louisiana  and  <<f  the  <  Session  of 

that  » foloi  •  sited  States"  (Paris,  1828),  in  which  he  affirms  very  emphatically 

that  "the  Bhores  <>f  t  ho  western  [Paelflc]  ocean  were  eerlainly  never  meant  tobecom- 

I  : 


INTRODUCTION.  V 

And  by  the  treaty  of  March  30,  1867,  with  Russia,  during  the  ad- 
ministration of  President  Andrew  Johnson,  Alaska  was  added  to  the 
national  and  public  domain,  including  an  area  of  577,390  square  miles, 
or  369,529,600  acres,  and  costing  $7,200,000. 

•    Cession  by  the  States  to  the  United  States. 

The  opposite  or  rival  claims  of  several  of  the  original  thirteen  States 
to  the  ownership  of  vast  tracts  of  unoccupied  lands  in  the  western 
country  growing  out  of  the  "  ill-defined  and  often-conflicting  grants 
made  by  different  sovereigns  of  England  to  colonies  and  colonists," 
gave  rise  under  the  confederacy  to  disturbing  questions  of  a  very 
serious  nature.  They  menaced  "  the  peace  and  safety  of  the  States 
to  be  included  in  the  Union."  It  was  urged,  as  in  the  Delaware  reso- 
lutions presented  to  Congress  on  February  23, 1799,  that  all  the  unoc- 
cupied or  vacant  lands  which  "  hath  been  or  may  be  gained  from  the 
King  of  Great  Britain  or  the  native  Indians  by  the  blood  and  treasure 
of  all,"  "ought  to  be  a  common  estate,  to  be  granted  out  on  terms 
beneficial  to  the  United  States." 

Hence,  Congress,  at  its  session  of  September  6,  1780,  "  earnestly 
recommended  "  to  the  several  States  having  "  claims  to  the  western 
country,"  as  a  means  of  "  establishing  the  federal  Union  on  a  fixed 
and  permanent  basis,"  to  make  "  a  liberal  surrender  of  a  portion  of 
their  territorial  claims,"  "  for  the  general  benefit." 

Accordingly,  in  pursuance  of  this  recommendation,  New  York  ceded 
her  claim  to  the  United  States  on  March  1,  1781 ;  Virginia  on  March 
1,  1784,  and  December  30,  1788;  Massachusetts  on  April  19,  1785; 
Connecticut  on  September  14,  1786,  confirmed  May  30,  1800 ;  South 
Carolina  on  August  9,  1787  ;  North  Carolina  on  February  25,  1790 ; 
Georgia  oh  April  24,  1802.  And  on  July  13, 1787*,  Congress  adopted 
"  an  ordinance  for  the  government  of  the  territory  of  the  United  States 
northwest  of  the  Ohio  river."     (See  tables  below  ;  also  map.) 


*  Repealing  resolutions  of  April  23, 1784. 


VI 


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INTRODUCTION. 


A'/.'  APITULATION. 


Territorv  ceded  bv  Great  Britain  under 
treat  »wlt: 

Original  13  Stales 

District  of  Colombia 

Northeastern  Territory 

Northwestern  Territory 

Southwestern  Territory 


Total 

Province  of  Louisiana  (Louisiana  pur- 
chase, France— 1803) 

Florida  purchase  (Spain— 1819) 

Oregon  (discovery,  exploration,  settle- 
ment, ami  treaty 

Texas  (annexation— 1845) 

Texan  purchase  (1850) 

Guadalupe  Hidalgo  (Mexico,  commit  — 
184S) 

Gadsden  purchase  (Mexico— 18o3) ... 

Alaska  (1567) '• 


Grand  total 3,581,889 


Total  areas. 


In  square  miles. 


341,752 
00 

•i.Vjrj 
175,258 


In  acres. 


218,721,280 

38,400 

28,935,680 

112,165,120 


926, 
59, 

■J-.l 
274, 
96 

522 

4". 


149 

582 

356 

7U~. 

568 


529,827,840 

692,786,860 

1,520 

160,990,680 

-:>in 
-  ■•1,200 

; ;  1,620 
29,142,400 
869,629,600 


2,292,08S,960 


Of  which  areas  976.626,672  acres  had  been  surveyed  up  to  June  30,  1888,  leaving  an  area 
of  838,877,475  acres  unsurveyed. 

Data  for  the  columns  of  areas  in  these  tables  were  obtained  from  a  work 
(  Thr  Public  Domain  ;  Us  Hxdory,  etc.,  1884,)  published  by  the  Government ;  also 
from  the  Annual  Report*  of  the  Commissioner  of  the  General  Land  Office  and  other 
United  States  official  authorities.  In  the  text  of  the  present  work,  in  cases 
where  the  federal  estimates  differ  from  State  reports  as  to  areas,  the  latter  are 
sometimes  followed;  but  assuming  that  the  estimates  of  the  United  States 
government  reports  are  approximately  correct,  the  reader  is  referred  for  the 
oliicial  areas,  for  population  in  1SS0.  and  for  interesting  historical  matter  to 
the  above  tables. 

Public  Land  States  or  Territories. 

The  public  land  States  and  Territories  lie  mainly  between  the  49th 
and  25th  degrees  of  north  latitude  and  the  85th  and  L25th  degrees  of 
Longitude  west  from  London.  In  all  of  them,  during  the  last  five 
years,  every  element  of  industrial  progress  has  greatly  advanced.  The 
population  of  all  hassteadily  increased.  Indian  wars  or  raids  are  prac- 
tically evils  of  the  past.  The  Indians  themselves,  coralled  in  reserva- 
tions under  strong  and  Lntelligenl  government,  are  instructed  in  the 
••  white  man's  wavs,"  in  the  walks  and  arts  of  civilized  life,  prepara- 
tory to  tli'  ir  settlement  in  severalty  on  the  lands  they  now  occupy  in 
the  reservations.  Educational  Bystems,  including  public  schools  of 
llcnt  character  well  supported,  and  universities  and  colleges  of 
instruction  in  science  and  every  other  department 
of  learning,  have  long  existed  In  all,  as  also  excellent  institutions  for 
the  amelioration  of  the  condition  of  the  afflicted,  the  unfortunate  or 
the  needy. 


INTRODUCTION  XI 

The  Emigrant's  Opportunities. 

Embracing  every  variety  of  soil  and  climate  favorable  to  the  profit- 
able raising  of  all  farm  products  from  the  semi-tropical  to  those  of  the 
extreme  north  temperate,  and  to  stock  culture  (cattle,  horses,  sheep, 
and  hogs),  as  also  wool,  with  the  precious  metals,  iron,  coal,  lead,  cop- 
per, and  other  minerals  of  every  known  variety — some  of  them,  like 
iron  and  coal,  those  great  conservators  of  civilization  and  wealth, 
in  practically  inexhaustible  quantities — and  liberal  laws,  national 
and  local,  relating  to  the  land,  mining,  taxation  and  citizenship,  these 
public  land  States  and  Territories  open  out  splendid  opportunities  or 
possibilities  to  the  capital,  enterprise,  industry,  and  thrift  of  all  classes 
of  emigrants. 

Manufactures  are  no  longer  confined  to  the  eastern  and  northern 
States.  Their  empire  is  rapidly  passing,  and  permanently,  to  the 
great  west  and  south.  Everywhere  throughout  the  west,  indeed,  in 
ever}'-  State  and  Territory,  as  in  some  of  the  States  south  and  south- 
west, manufactures  and  the  mechanic  arts  have  made  and  are  making 
rapid  advances,  adding  greatly  to  the  wealth,  prosperity,  and  comforts 
of  the  people,  and  the  eleventh  census  of  1890  will  doubtless  in  that* 
and  other  important  features  furnish  many  gratifying  proofs  of  the 
grand  industrial  progress  of  those  sections. 

Private  Land  Claims. 

But  there  are  a  number  of  causes  which  operate  against  or  circum- 
scribe the  opportunities  of  the  bona  fide  settler.  In  Louisiana  and 
several  of  the  Territories,  and  particularly  in  Arizona,  California,  and 
New  Mexico,  are  "  private  land  claims,"  many  of  them  fraudulent  but 
supported  by  powerful  interests,  of  pretended  ancient  dates,  extending 
back  in  their  alleged  origin  to  grants  from  France,  Spain,  and  Mexico 
prior  to  the  cession  of  the  territory  to  the  United  States,  and  some  of 
them,  like  the  notorious  "  Peralta,"  in  Arizona,  embracing  immense 
areas.  The  land,  millions  of  acres,  included  in  these  claims,  are  neces- 
sarily segregated  from  the  public  domain,  and  so  continue  for  indefi- 
nite periods,  even  if  any  of  the  land  is  ever  again  thrown  open  to  set- 
tlement under  our  homestead  and  other  land  laws.  Settlers  are  thus 
excluded  from  some  of  the  richest  of  the  public  lands,  in  the  most 
favored  climates,  or  if  successful  in  "  squatting  "  upon  the  land  thus 
segregated,  it  is  only  at  the  peril  of  being  evicted  and  their  improve- 
ments, the  fruits  of  their  capital  and  labor,  confiscated,  or  of  being  com- 
pelled to  ransom  these  at  such  prices  for  the  land  as  may  be  arbitrarily 
imposed  by  the  private  land  claimant  if  he  succeeds  in  obtaining  pat- 
ent for  his  alleged  grant.  And  apparently  no  appeal,  either  by  settlers 
or  federal  or  State  officials,  or  by  all  combined,  to  Congress,  exposing 
this  injustice  and  its  malign  effect  upon  the  most  vital  interests  of  the 
Territory  or  State  in  which  it  exists,  and  praying  a  remedy  or  relief, 
has  any  influence  on  that  honorable  and  sapient  body. 


Xli  INTRODUCTION. 

1  >]  8ER1   Lands. 

In  the  States  of  California,  Nevada,  and  Oregon,  and  the  Territories 

Arizona,  Dakota,  [daho,  Montana.  New  Mexico,  Utah,  Washington 
and  Wyoming, are  Large  areas  of  what  are  called  "desert  lands.*"  upon 
which  in  their  present  condition  no  farm  crop  can  be  grown:  probably 
much  of  these  lands  will  remain  permanently  worthless  for  purj 

Lgricultnre.  They  certainly  now  are  a  great  obstacle  to  settlement. 
B  il  the  surveyor-general  of  Nevada,  in  his  latest  annual  report  to  the 
Genera]  Land  Office,  urges  that  "the  desert  lands"  in  that  State, 
••  now  unproductive  and  worthless."  may.  by  a  proper  system  of  irri- 
gation, be  made  the  richest  and  most  productive  lands  to  be  found  any 
where  in  the  United  States,  and  he  estimates  that  from  15,000  to  20,- 
000  square  miles  of  these  now  worthless  lands  in  Nevada  may  thus  he 
converted  into  richly  productive  areas. 

Experiments  to  obtain  the  requisite  supply  of  water  for  purposes  of 
irrigation  by  means  of  artesian  wells,  resorted  to  in  some  localities, 
have  been  abandoned  as  practical  failures;  but  hundreds  of  miles  of 
irrigation  canals  and  ditches  in  the  Territories  have  been  built  and 
others  are  building  by  private  enterprise  at  heavy  cost,  fertilizing  mil- 
lions of  acres  of  hitherto  unproductive  wastes,  and  rendering  their 
settlement  and  cultivation  possible  and  profitable.  In  Maricopa 
county.  Arizona,  up  to  June  30,  1888,  the  canals  and  ditches  com- 
pleted and  in  operation  had  cost  82.000.000,  and  others  building  would 
probably  cost  an  additional  million.  In  Pinal  county,  in  the  same 
Territory,  148  miles  had  been  constructed,  and  77  miles  were  building, 
at  a  cost  of  from  81,000  to  $4,000  per  mile.  At  Walnut  Grove,  in  Ya- 
vapia  county,  Arizona,  a  dam  100  feet  high  has  been  constructed  holding 
in  reserve  a  large  body  of  water,  to  be  utilized  for  mining  purposes, 
and  so  in  other  counties.  These  facts  illustrate  the  enterprise,  activity, 
and  capital  at  work  in  the  Territories. 

It  is  estimated  that  the  annual  rainfall,  if  properly  husbanded,  is 
more  than  sufficient  to  irrigate  all  available  lands  for  agricultural  pur- 
-.  "Nature,"  -ays  Mr.  II.  II.  Logan  of  Arizona, "  has  done  every- 
thing but  put  in  the  key  to  hold  and  store  large  quantities  of  water 
for  summer  use,"  and  hence  there  is  a  general  advocacy  of  a  system 
of  storage  reservoirs  for  the  necessary  water  supply.  The  storage  of 
water,  as  demonstrated  in  Arizona,  is  no  longer  an  experiment,  and 
appropriations  and  engineers  are  asked  of  the  government  for  the 

struction  of  reservoirs  or  dams  for  the  purpose  of  storing  the  waters 
from  the  melting  snow  along  the  mountain  ranges.  In  the  meantime 
d(  sert  land  entries  and  declarations  of  lilini_rs  annually  increase. 

Unsuuvkvki)  I'nu.ic  Lands. 

The  Commissioner  of  the  General  hand  Ollice,  Hon.  S.  M.  Stocks- 
iager,  in  a  letter  dated  February  11.  1888,  declan  - : 


Xlll  INTRODUCTION. 

A  glance  at  the  official  map  of  Idaho  quickly  discloses  the  fact  that  a  large 
portion  of  the  Territory  is  unsurveyed,  nowhere  penetrated  by  even  standard, 
parallel,  and  meridian  lines.  Throughout  much  of  this  unsurveyed  region  ex- 
tensive, fertile,  and  irrigable  lands  are  being  settled  up  in  good  faith  under  the 
"  homestead  "  and  other  laws  enacted  for  the  sole  purpose  of  encouraging  such 
settlement.  They  [settlers]  are  constantly  soliciting  public  surveys,  which  if 
made  would  prevent  contentions  and  sometimes  bloodshed.  In  "many  cases 
they  cannot  inform  this  office  definitely  as  to  the  townships  in  which  the  lands 
are  situate,  and  frequently  cannot  even  approximate  such  locality  with  refer- 
ence to  surveyed  lines. 

And  fraudulent,  inaccurate,  and  imperfect  surveys,  many  of  which 
exist  in  California  and  other  States,  as  also  in  some  of  the  Territories, 
create  like  confusion  or  ignorance  as  to  the  situation  of  the  land,  and 
equally  militate  against  the  prosperity  and  peace  of  individuals  and 
communities. 

The  neglect  or  refusal  of  Congress  for  many  years  past  to  authorize 
by  adequate  appropriations  the  necessary  surveys  or  resurveys  of  the 
public  lands  is  reprobated  by  Surveyor-General  Julian,  of  New  Mexico, 
in  his  latest  annual  report  to  the  Commissioner  of  the  General  Land 
Office,  as  "  inexcusable  folly  and  wrong,"  as  "  systematic  niggardli- 
ness," "  indefensible  and  suicidal,"  and  as  "  sacrificing  the  prosperity 
and  enduring  interests  "  of  the  public  land  States  and  Territories  "  on 
the  altar  of  a  false  economy." 

Advice  to  Emigrants. 

These  are  some  of  the  principal  disabilities  which  operate  against 
the  emigrant  or  settler  on  the  public  lands.  All  consequently,  in  the 
purchase  or  settlement  of  land,  must  exercise  considerable  vigilance 
if  they  would  avoid  the  annoyances  and  losses  which  they  entail. 
The  following  advice,  modified  somewhat  from  a  pamphlet  entitled 
"All  About  California"  etc.,  and  published  by  the  California  Emi- 
grant Union,  will  be  found  valuable  by  emigrants,  especially  by  those 
going  into  a  strange  country  or  not  accustomed  to  travel : 

1.  Buy  your  tickets  for  passage  on  railroad  or  steamboats  only  at  the  office 
before  _  starting.  Many  of  the  runners  who  offer  tickets  for  sale  in  the  streets 
are  swindlers.  If  you  intend  to  go  in  a  steamer  or  ship  examine  the  vessel  be- 
fore getting  your  ticket,  and  engage  a  particular  berth  or  room  in  a  part  of  the 
vessel  that  is  clean,  well  ventilated  and  just  comfortably  warm. 

2.  Never  show  your  money  nor  let  any  stranger  know  that  you  have  any. 
Thieves  prefer  to  rob  emigrants,  who  generally  carry  money  with  them,  and 
cannot  stop  to  prosecute  them,  and  have  no  acquaintances  to"  aid  in  the  prose- 
cution. Do  not  mention  the  fact  that  you  are  an  emigrant  to  persons  who  have 
no  business  to  know  it. 

3.  Never  carry  any  large  sum  of  money  with  you.  You  can  always  buy  drafts 
at  banks,  and  if  you  are  going  to  a  strange  place  you  can  give  your  photograph 
to  the  banker  to  forward  to  your  destination,  so  that  you  can  be  identified  with- 
out trouble  when  you  want  to  draw  your  money. 

4.  Avoid  those  strangers  who  claim  to  be  old  acquaintances  and  whom  you 
do  not  recollect.  A  certain  class  of  thieves  claim  the  acquaintance  of  ignor- 
ant countrymen  whom  they  want  to  rob. 

5.  Do  not  drink  at  the  solicitation  of  strangers.  The  first  point  of  the  thief 
is  to  intoxicate  or  drug  his  victim. 


[NTRODUCTION.  XIV 

6.  I'"  not  play  cards  for  money  with  Btrangers.  In  many  cases  they  confeder- 
ate to  rob  emigrants. 

:.  Travel  in  company  with  old  friends  if  possible, and  do  doI  leave  them. 
Thieves  prefer  to  take  their  victims  one  al  a  tune. 

5  if  '  i  see  anybody  pick  up  a  full  pocket-book  and  he  offers  it  to  you  for 
a  small  Van  i.  or  if  you  see  some  men  playing  cards  and  you  are  requested  to  bet 
en  -Mine  point  w  here  it  Beems  certain  that  you  must  win.  or  if  you  Bee  an  auc- 
tioneer selling  aline  gold  watch  for  five  dollars,  don'l  let  them  catch  you. 

9.  It',  when  you  arrive  in  a  strange  place,  you  want  information  and  ad  vice. 
you  can  always  get  it  by  applying  at  the  right  place.  First  apply  at  the  office 
of  the  Immigration  Society  if  there  is  cue.  It' you  are  a  foreigner  you  will 
probably  lind  in  the  large  cities  a  consular  office  or  a  benevolent  society  of  your 
countrymen,  and  y<  iu  can  apply  there.  Usually,  there  are  attentive  and  polite 
men  at  the  police  offices.  Public  officers  generally  in  the  United  state  are  ready 
to  assist  and  advise  strangers. 

10.  Before  starting  from  home  carefully  read  all  the  accessible  booksabout 
the  State  or  Territory  to  which  you  intend  to  go;  and  when  you  arrive  go  to 

place  where  you  can  find  old  friends  if  you  have  any.     If  you  are  ) r 

commence  work  immediately,  but  do  not  be  in  a  hurry  t<>  buy  or  settle  on  land 
unless  with  tin.- approval  of  men  whom  you  can  trust.  Take  a  mouth  or  two 
t  information  about  the  country.  Advice  about  the  purchase  of  land  is 
often  given  with  corrupt  motives.  It  is  very  seldom  that  anything  i-  losi  by  a 
delay  of  a  week  or  two  in  closing  a  bargain  for  land,  though  the  seller  will 
frequently  say  that  somebody  else  is  just  going  to  take  it.  But  do  not  delay  to 
purchase.' if  you  have  the  means,  or  to  settle  on  public  lands,  for  more  than  two 
or  three  months:   it  is  always  cheaper  for  you  to  live  on  your  own  land. 

11.  Engage  in  some  business  with  which  you  are  familiar;  and  if  it>  condi- 
tions are  different  from  those  to  which  you  are  accustomed  commence  slowly, 

-  to  learn  at  little  expense.  The  agriculturist  from  Europe  or  the  Atlantic 
State-  must  learn  anew  many  things  in  his  business  in  the  west,  south  and 
southwest. 

12.  Never  fear  failure  at  farming  on  your  own  land  if  you  live  « oomically, 

work  hard,  and  select  your  place  well. 

13.  It  is  better  to  be  very  poor  for  a  few  years  on  your  own  land  than  to  be 
moderately  poorasa  tenant  for  others. 

It.  In  selecting:  a  home  look  ahead.  Care  more  for  ultimate  than  for  imme- 
diate success.  Wlniever  there  is  a  large  district  of  fertile  soil  with  a  good  cli- 
mate you  can  confidently  settle  down.  It  must  fill  up  and  the  land  must  rise 
iii  value.  The  fewer  the  people  the  better  opportunity  you  have  to  select  the 
most  desirable  spots,  and  when  immigration  comes  in  the  greater  will  lie  the 
relative  increase  of  population. 

1").  Before  finally  fixing  upon  a  place  to  settle  in  a  State  or  Territory,  examine 
what  the  average  rainfall  i-:  whether  there  are  facilities  for  irrigation;  what  are 
the  average  temperatures  of  the  planting  and  cropping  seasons ;  whether  it  is 
exposed  to  floods ;  whether  fevers  are  common ;  whether  it  is  in  or  near  the 
Lines  of  any  railroad  Likely  to  he  built  soon,  and  whether  tin-  soil  is  adapted 
to  the  cereal-,  the  vine  or  fruit-,  cattle  raising,  etc. 


To  the  Hon.  Luther  Harrison,  Assistant  Commissioner  GeWl  Land  Office. 

Sir:  As  my  original  appointment  in  the  General  Land  Office  was 
due  solely  to  your  influence  during  your  able  administration  of  the 
office  of  Assistant  Commissioner,  I  beg  leave  to  inscribe  this  little  vol- 
ume to  you. 

It  is  gratifying  to  me,  in  expressing  my  acknowledgment  for  your 
approval  of  this  publication,  to  record  the  respect  and  esteem  with 
which  I,  in  common  with  all  who  were  connected  with  you  in  official 
life,  entertain  for  your  impartial  administration  of  the  various  offices 
you  have  filled — for  your  uniform  courtesy  and  generous  kindness. 

With  gratitude  and  regard,  I  have  the  honor  to  be 

Very  sincerely  yours, 

William  B.  Matthews. 


ERRATA: 

line  ZL  for  ••  1852,"  read  1853. 

<  m  page  9,  line  19,  for  "81,000,000,"  read  over  $3,000,000. 

<  in  page  15,  line  4  from  bottom  of  page,  for  "  February  28,"  read  February  2. 
i  mi  |i.ij;i'  21,  line  7  from  bottom  of  page,  for  "February  28,"  read  February  2. 

line  14,  for  "243,910,"  read  194,327. 
On  pngc  30,  line  4  from  bottom  of  page,  under  the  beading  of  "  No  Man's  I^and,"  it  is 
■■  Its  niiiy  occupants  a  few  intruding  cattlemen."    Hut  since  printing  that  state- 
ment it  lias  been  ascertained  from  reliable  authority  that  every  acre  of  its  lands  has 
been  appropriated  by  "squatters"  in  anticipation  of  the  lands  being  thrown  by  govern- 
in.  nt  i  ipen  to  settlement  under  our  land  laws. 

On  page 48,  line  28,  for  "1804,"  read  1805, and  on  same  page,  line  29,  for  "January  12,'' 
read  A 

<  in  page  58,  line  10,  for  "  l788-*88,"  read  1781 
'i!,  •  -   for  "1783-'88,"  read  1781-'88. 

On  page  CO,  line  3,  for  "  menancing,"  read  menacing. 

On  page  78,  line  15,  for  "  1884,"  read  1880. 

On  page  92,  line  44,  for  "798,180,"  read  44,790,100. 


M  E   js:  z 


MATTHEWS'S  GUIDE. 


ALABAMA: 

A  word  meaning,  according  to  a  Creek  Indian  tradition,  "  Here  we 
rest!"  Formed  out  of  territory  ceded  by  South  Carolina  in  1787  and 
by  Georgia  in  1802  and  by  Spain  in  1819  to  the  United  Stati  is.  Origi- 
nally a  part  of  Mississippi  Territory.  Eastern  part  of  Mississippi 
Territory  made  by  act  of  March  3,  1817,  into  a  separate  Territory 
and  called  Alabama.  The  people,  having  framed  a  constitution  under 
the  enabling  act  of  March  2,  1819,  Alabama  was  admitted  as  a  State 
December  14,  1819.  Seceded  January  11,  1861  ;  readmitted  June 
25,  1868. 

Area:  In  square  miles,  50,722;  in  acres,  32,462,115. 

Montgomery  is  the  capital ;  population,  16,713.  Mobile  the  metrop- 
olis ;  population,  29,132.  Huntsville  the  northern  trade  center ;  pop- 
ulation, 4,977.  Selma  an  important  railroad  center;  population, 
7,529. 

Counties,  66. 

Population  of  State  estimated  (1887)  at  1,500,000. 

Great  number  of  valuable  waterways  drain  every  region.  Nearly 
all  the  rivers  navigable ;  inland  steam  navigation  exceeds  2,000  miles, 
furnishing  valuable  channels  of  commerce  for  the  products  from  the 
mine,  the  field,  and  the  forests  to  the  markets  of  the  world. 

Mean  annual  temperature  of  State,  64.58°  F.  Mean  temperature 
for  the  seasons :  spring,  63.9° ;  summer,  79.5°  ;  autumn,  64.5°  ;  win- 
ter, 54.4°.     Extremes  of  temjDerature  comparatively  rare. 

Average  rainfall  for  State,  55.04  inches.  Of  this  13.86  inches  fall 
during  spring,  14.07  inches  during  summer,  14.70  inches  during  au- 
tumn, and  16.37  inches  during  winter. 

Climate  balmy  and  healthy.  Fruit  trees  blossom  from  February  1 
to  March  1. 

Soils  of  every  possible  variety  from  the  thinnest  sandy  land  to  the 
richest  alluvial. 

State  divided  into  the  Cereal,  the  Mineral,  the  Cotton,  and  the 
Timber  Belts. 

Cereal  Belt  extends  across  the  northern  boundary  of  the  State 
from  east  to  west  and  embraces  the  famous  Tennessee  Valley  and  its 
tributaries. 

A  most  lovely  region  ;  soil  rich  and  productive. 

Principal  crops :  cotton,  corn,  wheat,  oats,  sorghum,  and  sweet  po- 
tatoes. 


2  IIATTHEWSS    GDH 

■  •hard   products,  apples  and  peaches, grown  in  vast  quantities. 
Grapes,  wild  fruits,  and  berries  in  the  greatest  profusion. 

Abundant  water  power,  coal,  timber,  etc. 

Ample  facilities  for  the  manufacturer,  the  farmer  and  the  horticul- 
turist 

The  Mineral  the  largest  of  the  lour  belts,  including  28  counties 
and  covering  more  than  one-third  of  the  Sta 

irees  practically  inexhaustibli  :  stone,  coal,  iron,  and  all  the 
minerals  kii<>wn  to  art.  <  tc. 

Three  great  coal-fields:  The  Warrior,  the  Cahaba,  and  the  Coosa. 

Warrior  coal-field,  one  vast  body  of  coal.  7,810  square  miles  in 
area.  Available  coal  estimated  as  equaling  500  square  miles,  with  75 
.u  thickness,  giving  a  Mock  of  coal  75  miles  long  by  50  miles 
wide  and  li>  feet  thick,  furnishing  a  supply  of  coal  for  1  <  »._!7- >  years  at 
the  rate  of  10,000  tons  per  day.  Coal  adapted  to  the  production  oi 
nd  strain:  also  fitted  for  domestic  purposes  and  the  blacksmith 
.shop.     Also  excellent  coking  coal. 

Cahaba  coal-field,  south  of  the  Warrior:  long  worked;  coal  fa- 
mous as  a  domestic  fuel.  Covers  an  ana  of  over  400  squan  miles, 
and  it-  measures  are  estimated  al  5,000  feel  thick.  Estimated  output, 
10,000  tons  pi  r  day  for  1 .1"<>  years. 

1  ••■-a  coal-field  estimated  as  covering  an  area  of  100  square  miles, 
with  a  daily  output  of  10,000  ton.-  for  165  years. 

Also  iron  in  numerous  beds  and  immense  quantities,  and  tin,  cop- 
per, l'-ad.  asphalt,  etc. 

The  Cotton  or  Black  Belt  lies  directly  south  of  greal  Mineral 
Belt,  extending  from  easl  to  west,  from  limit  to  limit,  ofSl 

Area,  13,610  square  miles. 

A  prairie  region  broken  by  districts  of  timber.     Soil  in  richer  por- 
tions of  black  or  dark  color,  containing  a  greal   deal  of  lime.     En- 
d  transportation  facilities.     All  principal  rivers  of  State,  except 
the  Tennessee,  flow  directly  through  this  belt  ;  also  penetrated  by  the 
railway  systems. 

Unsurpasf  farming  region:  wheat,  rye,  oats,  tob 

hum.  BUgar  cane,  Irish  and  Bweet  potatoes,  rice,  and  peanuts  are  pro- 
duced in  -rent  readini 

The  Timber  Belt  lies  directly  south  of  the  Cotton  or  Black  Belt, 
and  north  of  Gulf  of  Mexico,     it-  immense  forests  its  peculiar  glory. 
I'.ut  it-  Buperb  timber  and  great  timber  wealth  nol  its  only  character- 
Surface   undulating,  with   level    plateaus  or  table  lands.     Surface 
soil  of  a  sandy  nature,  capable  of  producing  cxcellenl  crop-.     Bottoms 
and  adjacent  lands  very  fertile.     Soils  peculiarly  adapted  to  rooter 
fruits  and  vegetables.     Sugar  cane,  potatoes,  yams,  melons,  apples, 
pears,  apricots,  grapes,  berries  of  every  sort,  pecans,  pome- 
and  figs  all  thrive,  and  yield  in  proportion  to  the 
labor  and  care  on  them. 

Wild  fruits  in  thousands  of  bushels  grow  in  the  for< 


MATTHEWS  S    C4UIDE.  3 

i 

Also  adapted  to  stock  raising.  Grasses  and  clover,  wild  and  do- 
mestic, in  inexhaustible  abundance 

A  GRICU I/TURAL  STATISTICS: 

No.  of  farms  in  1S80,  135,894;  total  land  in  farms,  18,855,334  acres  ;  improved 
land  in  farms,  3,375,700  acres  ;  average  size  of  farms,  139  acres  ;  value  of  farm-. 
178,954,648. 

Average  value  of  land  per  acre:  cleared  land,  $6.53  ;  wood  land,  $4.08. 

Farm  products  of  1880:  Indian  corn:  Product,  28*898,00,0  bushels:  average 
yield  per  acre,  12.1  bushels;  area  of  crop,  2,393,036  acres;  value  per  bushel, 
60  cents;  total  valuation,  817,33.1,800.  Wheat:  Product,  1,529,000  bushels; 
average  yield  per  acre,  6.9  bushels  ;  area  of  crop,  222,704  acres ;  weight  per 
bushel,. 58  pounds';  value  per  bushel,  §1.07  ;  total  valuation,  $1,636,030.  Rye: 
Product,  44,000  bushels;  average  yield  per  acre,  7.3  bushels;  area  of  crop, 
0,059  acres;  value  per  bushel,  §1.20  ;  total  valuation,  §52,800.  Oats:  Product, 
4,718,000  bushels ;  average  yield  per  acre,  11.5  bushels ;  area  of  crop,  409,807 
acres  ;  value  per  bushel,  62  cents  ;  total  valuation,  $2,925,160.  Barley :  Product. 
7,000  bushels;  average  yield  per  acre,  11  bushels;  area  of  crop,  636  acres; 
value  per  bushel,  93  cents  ;  total  valuation,  §6,500. 

Potatoes:  Product,  014,000  bushels ;  average  yield  per  acre.  65  bushels;  area 
of  crop,  9.447  acres;  value  per  bushel,  95  cents;  total  valuation,  §583,300. 

J  lay :  Product,  31,000  tons;  average  yield  per  acre,  1  ton;  area  of  crop, 
31,000  acres ;  value  per  ton,  §13.50 ;  total  valuation,  §418,500. 

Cotton  :  Product,  752,220  bales  ;  average  yield  per  acre,  .220  ton  ;  area  in  crop, 
2,823,718  acres  ;  value  per  pound,  8  cents  3  mills  ;  total  valuation,  §30,407,917. 

Total  area  in  crop  of  1880,  5,896,407  acres  ;  total  valuation  of  farm  products, 
§53,426,017.  _ 

Farm  animals :  Horses  :  number,  130,853 ;  average  price,  §82.54  ;  value. 
§10,800,825.  Mules:  number,  137,095  ;  average  price,  §87.01 ;  value,  §11,980,525. 
Milch  Cows:  number,  290,787  ;  average  price,  §15.40  ;  value,  §4,570,520.  Oxen  am! 
other  cattle :  number,  445,139  ;  average  price,  §9.41 ;  value,  §4,187,si'5.  Sheep: 
number,  310,022 ;  average  price,  §1.46  ;  value,  §453,135.  Hogs:  number,  1,376,- 
148;  average  price,  §3.39;  value,  §4,001,014. 

Wages  per  month  by  the  year  of  farm  labor  (1886) :  Without  board,  813.59  : 
with  board,  §9.49.  Day  wages  in  harvest :  Without  board,  97  cents  ;  with  Ik  »ard, 
72  cents.  Day  wages  of  ordinary  farm  labor :  Without  board,  72  cents  ;  with 
board,  53  cents. 

Dairy  products— -1880 :  Milk,  267,387  gallons ;  butter,  7,997,719  pounds ;  cheese, 
14,091  pounds. 

Manufactures  (1880) : 

Number  of  establishments,  2,070;  capital,  §9,008,008;  average  number  of 
hands  employed,  10,010;  total  wages  paid,  §2,500,504;  value  of  materials. 
§8,545,520. 

Manufacturing  products— (value  in  18S0) :  Cotton  goods,  §1,352,099  ;  flour- 
ing and  grist  mill,  $4,315,174;  foundry  and  machine  shop,  §293,091;  iron  and 
steel,  §1,452,856;  lumber,  sawed,  §2,049,034 ;  tar  and  turpentine,  §372,050;  all 
other  industries,  §3,130,009. 

Total  value  of  manufacturing  products,  §13,565,193. 

Excellent  public  school  system  well  supported! 

Total  assessed  valuation  in  1880  of  real  estate  and  personal  propcrtv. 
$122,867,228. 

Railroads,  June  30,  1887:  Mileage,  2,441.70;  total  track,  2,715.01 
miles ;   locomotives,  224 ;  total  revenue  cars,  5,475. 

State  elections  biennial  first  Monday  in  August ;  congressional  and 
presidential  elections  Tuesday  after  first  Monday  in  November ;  sena- 
tors, 33 — representatives,    100 ;    sessions   of  legislature  biennial   in 


4  MATTUKWH  8    GUIDE. 

••v«  n  numbered  war,,  meeting  Tuesdaj  sond   Monday  in  No- 

vember;  limit  of  session,  50  days;   term  of  senators,    l  years — of 
sentatives,  2  j 
Electoral  college,  10. 

1  interesl  rate,  s  per  cent. ;  usury  forfeits  entire  interi  -t. 

Law-  IN   Km   1TIOS    DO  DEEDS,  DOWER,  DbSCENI   AND  DISTRIBUTION  OP  PBOP- 

.  Married  Women,  Mechanic's  Liens,  Mortgages,  and  Wills. 
Di  i  D8.— All  persons  of  the  age  of  twenty-one  yean,  not  under  legal  Incapacity,  may 
lands,  or  any  Interest  therein,  Immediate  <>r  future,  certain  or  uncertain,  <>r  may 
bywiU.    (Code  of  \\>.    2144.)    A  married  woman.  If  over  the  age  of 
nay  convey  her  own  lands,  or  release* her  dower  In  t  lie  lands  ox  her 
» i  •  l  . 
Alienations  of  l  inds,  or  of  any  right  <>r  Interest  therein  (other  than  ol  the-  homestead), 
"  must  be  written  or  printed,  en  parchment  or  paper,  and  musl  be  signed  al  the  fool  by 
party  or  his  or  her  agent  having  written  authority;  or  If  he  Is  not  able  to 
sign  his  ii  'inc.  Up  d  his  name  must  be  written  for  him,  with  the  words  'his  mark'  written 
•  r  it.    The  execution  of  such  conveyance  musl  be  attested  i>> 
■  party  cannot  write,  by  two  witnesses  who  are  able  to  write,  and  who  musl 
P  impb    Acts.  1884-85.  p.  1 11.  > 
The  wife  may  relinquish  dower  by  Joining  with  the  husband  In  a  conveyance  atfa 
by  m  iknowledged  before  an  officer  having  authority  to  take  acknowl- 

ir  subsequent  to  a  conveyance  by  the  husband,  by  an  instru- 
■  in  writing  n  the  presence  of  two  attesting  witnesses,  or  acknowledged 

before  an  officer  having  authority  to  take  the  acknowledgment  of  conveyances.  (Famph. 

In  conveyances  of  the  separate  estate  of  the  wife,  the  husband  must  Join.    (Code  of 

Acknowledgments  and  proofs  of  conveyances  may  be  taken  byjudges  ol  the  supreme 

i  their  clerks,  chancellors,  and  registers  in  chancery,  Judges  of  the 

eouii  -  of  pi  ices  of  the  peace,  and  notaries  public.    If  taken  in  other  States  of 

the  United  States,  they  may  be  taken  i>y  Judges  and  clerks  of  any  federal  court, Judges 

I  in  any  State,  notaries  public,  or  commissioners  appointed  by  the 

rnor  of  Alabama.    Beyond  the  limits  of  the  United  States,  such  acknowledgments 

may  be  taken  by  the  Judge  of  any  court  of  record,  mayor,  or  chief  magistrate 

■  •r  any  city,  town,  borough,  or  county,  notaries  public,  or  by  any  diplomatic,  consular,  or 

commercial  agent  of  the  United  states.    (Code  of  Ala.  i-  2155,  2156  | 

Powi  rs  of  attorney  to  convey  property  may  be  proved  or  acknowledged  In  the  same 

er,  and  must  be  received  as  evidence  to  the  same  extent  as  conveyances. 
it  the  grantor  is  unknown,  his  or  her  identity  may  be  established  by  <\  Idence  satisl  ic- 
lo  the  officer  taking  the  acknowledgment 

i  eds.— Mortgages  of  real  or  personal  property  are  usually  executed  with 

ersofsale.   Such  powers  of  sale  can  be  executed  by  an  assign •  persona]  repre- 

.  any  person  who  by  assignment  or  otherwise  becomes  entitled  to  the  money 
-  of  tru-t  are  in  use,  ami  In  many  respects  are  more  available,  especially 
for  non-residents. 

DlBTBTBTJTIOH    OF    Ili:\r.   AND    PEBSONAL    PROPERTY.— (Bev.    Co 

tg  )  -'J'lie  real  and  personal  estate  oJ  persons  dying 
bje  -t  to  the  paymenl  of  debts,  the  charges  against  the  estate,  and 

the  v.  rer:  1st.  To  the  children  of  the  intestal •  their  descendants, 

m  equal  parts;  when  there  Is  no  child  or  < child,  the  widow  takes  one-half  of  the  per- 

Lf  more  than  one  and  not  more  than  four  children,  she  takes  a  child's 

part;  am/if  more  than  i  ut  children,  she  takes  one-fifth  of  the  personal  estate.    2d.  If 

[here  are  no  children  or  their  descendants,  the  estate  descends  to  the  brothers  and  sisters 

or  their  descendants  in  equal  parts.    8d.  If  there  are  no  children  or  their  descendants, 

no  brothers  or  sisters,  or  their  descendants,  then  to  the  Bather,  if  living ;  if  not.  to  the 

mother.    And  If  none  of  these,  then  to  the  nexl  of  kin  in  equal  degree  in  equal  parts.    If 

lations,  then  to  the  husband  or  wife,  if  capable  of  taking;  and  If  no  relations  and 

no  husband  and  wife,  the  estate  esche  its  to  the  state     The  lineal  descendants  In  equal 

■  their  ancestor  taking  the  --hare  to  which  be  would  he  en  tit  led  it  living. 

imongcoll  oepl  with  the  descendants  of  the  brotn- 

ite.     The  degree  musl  be  computed  according  to  the  civil  law. 

mode  between  the  whole  and  the  half  blood  in  the  same  degree,  unless 

to  the  Intestate  byde  cent,  devise,  or  gifl  from  or  of  some  one  of 

liLsai  e  all  those  who  are  not  of  the  blood  ol  such  ancestor  ai 

ii  the  inheritance  ost  I  base  of  t  be  Bart 

bildren  of  the  Intestate  Inherit  as  it  horn  m  bis  life-time.    Norighl  of 
Inheritance  accr  i  unless  I    irn  at  the  death  of  the 

Illegitimate  children  inherit  of  their  mother  in  whole  or  in  part  as  if  born  In  wedlock. 
When  iho  next  "i  kin  from  alienage  are  Incapable  of  taking,  the  estate  desci  ada  to  the 
citizen  of  the  United  States. 
Where  an  inbei  eral,  they  take  as  tenants  in  common. 

■  having  a  separate  estate  die,  the  husband  Is  entitled  to  one-half 
bsolutely  and  to  the  use  of  the  realty  during  life,  unless 
.  ■  I  of  all  control  over  It  by  decree  of  the  chancery  court. 


MATTHEWS  S    GUIDE.  5 

DowEB.~The  wido\v  is  entitled  to  dower  of  all  lands  of  which  the  husband  was  seized 

in  fee  during  the  marriage,  or  to  which  another  was  seized  in  fee  to  liis  use,  <>r  to  which 
at  the  time  of  his  death  he  had  a  perfect  equity,  having  paid  the  purchase-money  thereof. 

The  quantity  of  her  dower  interest  is  as  follows:  When  the  husband  dies  leaving  no 
lineal  descendants,  and  his  estate  is  solvent,  one-half  of  all  his  lands  for  life;  If  his  i 
is  insolvent  or  he  leaves  lineal  descendants,  one-third  part  thereof.    (( lode  of  Ala.  \  2232 
etseq.)    Relinquishment  of  dower.    See  Deeds. 

Exemptions.— The  personal  property  of  any  resident  of  this  State,  to  the  value  of 
one  thousand  dollars,  to  be  selected  by  such  resident,  shall  bo  exempted  from  sale  on 
execution  or  other  process  of  any  court  issued  for  the  collection  of  any  debt  contracted 
since  the  13th  day  of  July,  18G8.  Every  homestead,  not  exceeding  eighty  acres  of  land, 
the  dwelling  and  appurtenances  thereon,  to  be  selected  by  the  owner,  and  not  in  a  city, 
town,  or  village,  or  in  lieu  thereof,  at  the  option  of  the  owner;  any  lot  in  a  city,  town,  or 
village,  with  dwelling  and  appurtenances  thereon,  owned  and  occupied  by  any  resident 
of  the  State,  and  not  exceeding  the  value  of  two  thousand  dollars,  shall  be  exempted 
from  sale  on  execution,  or  any  other  process  from  a  court,  for  any  debt  com  racted  since 
the  loth  day  of  July,  1SG8.  The  right  of  exemption  hereinbefore  secured  may  be  waived 
by  an  instrument  in  writing,  and  when  such  waiver  relates  to  realty  the  instrument 
must  be  signed  by  both  husband  and  wife,  and  attested  by  one  witness. 

Such  exemption  does  not  extend  to  any  mortgage  lawfully  obtained;  but  such  mort- 
gage or  other  alienation  of  such  homestead,  by  the  owner  thereof,  if  a  married  man, 
shall  not  be  valid  without  the  voluntary  signature  and  assent  of  the  wife  to  the  same. 
The  homestead  of  a  family,  after  the  death  of  the  owner,  is  exempt  from  the  payment  of 
debts  contracted  since  the  13th  of  July,  1808,  in  all  cases  during  the  minority  of  the  chil- 
dren ;  or  if  the  owner  dies  leaving  a  widow  and  no  children  the  same  shah  be  exempt 
for  her  benefit,  and  the  rents  and  pro lits  thereof  shall  inure  to  her  benefit. 

This  exemption  does  not  extend  to  cases  of  laborers'  liens  for  work  done  and  per- 
formed for  the  person  claiming  such  exemptions  or  on  a  mechanic's  lien  for  work  done 
on  the  premises.    (Constitution,  1875.) 

Exemption  by  Statute.  (Code  of  Ala.  §  2820.)— The  personal  property  of  any  resident  of 
this  State,  to  the  value  of  one  thousand  dollars,  to  be  selected  by  him.  The  homestead 
of  every  resident,  not  exceeding  one  hundred  and  sixty  acres  of  land,  and  appurte- 
nances thereon,  not  exceeding  two  thousand  dollars  in  value,  owned  and  occupied  l>\ 
such  resident,  to  be  selected  by  the  owner  thereof,  or,  in  lieu  thereof,  any  lot  in  a  cil  v, 
town,  or  village,  with  the  dwelling  and  appurtenances  thereon,  said  lot  not  to  exceed 
two  thousand  dollars  in  value.  This  exemption  does  not  prevent  a  laborer's  lien  for 
work  done  and  performed  for  the  person  claiming  an  exemption,  nor  a  mechanic's  lien  for 
work  done  on  the  premises.  No  mortgage  or  other  alienation  of  any  homestead  ex- 
empted by  this  act,  by  the  owner  thereof,  if  a  married  man,  shall  be  valid  without  the 
voluntary  signature  and  assent  of  the  wife,  acknowledged  before  a  supreme  or  circuit 
court  judge,  chancellor,  judge  of  probate,  or  justice  of  the  peace.  The  wages,  salaries,  or 
compensat  ion  of  laborers  and  all  employees  for  personal  service,  to  the  amount  <  >f  twenty  - 
five  dollars  per  month,  are  exempt.  The  homestead  of  a  family,  not  exceeding  in  value 
two  thousand  dollars,  if  in  any  city,  town,  or  village,  and  not  exceeding  one  hundred 
and  sixty  acres  in  quantity,  and  two  thousand  dollars  in  value,  when  the  same  is  not  in 
any  city,  town,  or  village,  after  the  death  of  the  owner  thereof,  and  personal  property  to 
the  value  of  one  thousand  dollars,  of  any  resident  of  this  State,  after  his  death,  is  ex- 
empt from  the  payment  of  debts,  provided  such  decedent  leaves  surviving  him  a  widow 
or  child.  In  addition  to  the  exemptions  heretofore  allowed,  there  are  the  further  exemp- 
tions of  the  wearing  apparel  of  the  deceased,  the  wearing  apparel  of  the  widow  and 
children,  all  yarn  and  cloth  on  hand  intended  for  their  use  and  consumption,  the  familv 
bibles  and  books,  all  family  portraits  and  miniatures,  and  such  grain,  stores,  and  groc- 
eries on  hand  as  may  be  necessary  for  the  subsistence  of  the  family  for  twelve  months, 
all  of  which  is  to  be  set  apart  by  three  disinterested  persons,  to  be  selected,  two  of  them 
by  the  widow,  if  there  be  one,  and  one  by  the  judge  of  probate,  and  if  there  be  no 
widow,  then  by  three  such  persons  to  be  appointed  by  the  judge  of  probate,  and  turned 
over  to  the  family  forever  free  from  administration  and  the  debts  of  the  deceased;  and 
any  live  stock  necessary  for  the  subsistence  of  the  family  may  be  killed  for  their  use  at 
any  time  before  the  final  settlement  of  the  estate. 

In  addition  to  the  above  there  are  exempt  lots  in  cemeteries  or  elsewhere  used  for 
burial  places,  pews  in  churches,  all  necessary  and  proper  wearing  apparel  for  each  mem- 
ber of  the  family,  all  family  portraits,  and  books  used  in  the  family. 

Any  resident  of  the  State  may  waive,  by  an  instrument  in  writing,  his  claim  for  the 
exemption  of  any  property  which  is  now  or  may  be  exempted  from  sale  on  execution 
or  other  process  of  any  court,  issued  for  the  collection  of  any  debt  contracted  either 
since  the  13th  day  of  July,  1868,  Or  alter  the  5th  day  of  December,  1875.  (Const,  art  X. 
passim,  p.  145;  Code  of  Ala.  §  2846.)  Any  person  entering  into  a  written  contract  or  other 
obligation  may  in  writing  waive  his  exemptions,  either  in  whole  or  in  part,  specifying 
the  part  to  which  the  waiver  applies.  Such  waiver,  if  it  relates  to  personal  property, 
may  be  included  in  the  contract  or  other  obligation,  and  the  intention  to  make  the 
waiver  must  be  clearly  expressed;  but  if  the  waiver  relates  to  realty,  it  must  be  made 
by  a  separate  written  instrument,  signed  by  both  husband  and  wife,  if  the  resident  has 
a  wife,  attested  by  one  witness;  and  if  the  waiver  is  by  a  married  man  of  the  homo  lead 
right,  or  any  part  thereof,  it  must  contain  the  voluntary  signature  and  assent  of  the  wife, 
whose  separate  acknowledgment  must  be  taken  and  certified  as  in  the  case  of  a  convey- 
ance of  a  homestead.    (Const,  art.  X.  g  7,  p.  145 :  Code  of  A  la.  \  28 17. ) 

Makkied  Women.— What  was  known  as  the  Married  Woman's  Law  in  Alabama, 
embraced  in  Code  of  1876,  from  section  2704  to  2732  inclusive,  and  adjudicated  by  many 
decisions  of  supreme  court,  was  repealed  by  act  February,  18S7.  That  act  defines  the 
rights  and  liabilities  of  husband  and  wife  as  follows:  g  1.  All  property  of  wife  at  marri- 


C,  U  LTTHEWS  S    GUIDE. 

>r  to  which  she  may  beoome  entitled  afterwards.  Is  her  separate  property  and  not 

subject  to  the  liabilities  of  the  husband.    \2.  The  earnings  ol  wife  are  her  separate  esl  tte, 

but  she  Is  not  entitled  to  compensation  for  services  for  husband  or  famllj .      ■■ .  ah  uain- 

for  injury  to  person  or  property  are  ber  separate  estate. 

n-.t  liable  for  contracts  made  or  torts  committed  before  marriage;  wife  remains 

Habi,  5.  Kusbandnol  liable  forwife's  contract  after  marriage,  nor  for  torts 

committed  by  her,  unless  he  participates ;   wife  alone  Is  liable  for  contracts  made  by 

ber  with  consent  ofhusband.    j  0   Wife  has  mil  legal  capacity  to  contract  as  u  sole, with 

written  assent  of  husband.      7.    Wife  must  buo  alone  at  law  or  equity,  and  be  sued  alone 

upon  all  contracts  made  by  her,  ortorta  committed.    g&  Wife  cannot  alienate  binds  or 

Interest  therein  without  husband  joining.  In  conveyance.  •  ■  li  husband  be  ««* 

-  abandoned  wife,  is  a  non-resident  of  the  State,  or  Imprisoned  under 

wife  mayalienate  her  lands  as  if  sole.    Personal  property  may  be  dis- 

.  husband  and  wife  by  parol otherwise,    If  living  apart,  or  husband  now 

i  itasifsole.  89.  Husband  and  wife  may  contract  directly  with 
:i  transactions  between  them  are  sublecl  to  rules  <■!  law  as  to  persons  in 
confidential  relations.  Wife  cannot  directly  or  Indirectly  be< te  the  suretj  ol  her  hus- 
band -  l"  Wife  may  carry  on  business  in  her  own  name  upon  filing  in  probate  court  in 
county  of  their  residence  written  consenl  ofhusband.  Husband's  consent  nol  necessary 
in  case  of  unsoundness  of  mind,  abandonment  <>t'  wife,  or  non-residence  In  State.  li. 
\ll  property  of  the  wife  acquired  in  any  manner  and  from  any  person  is  her  separate 
estate,  subj  eel  to  the  provisions  of  this  act.    Exception:  Property  conveyed  to  an  active 

The  wife   having  no  ■  3tatc  where  the  husband  dies  leaving  no  lineal  descen- 

dant and  his  estate  Bolvent,  i-  entitled  to  be  endowed  of  one-half;  or,  n  he  leaves  lineal 
ndants  or  his  estate  insolvent,  one-third  of  all  landsthe  husband  died  Beized  in 

this  death 


Interest  in  his  land  at  e  s'  rentof  the  dower  Interest,  she  Is  not  entitled  to  dower 

in  or  distribution  of,  her  husband's  estate.  If  her  separate  estate  Is  less  than  such 
dower,  Interest,  and  distributive  share,  estimated  as  above,  she  is  entitled  to  so  much  as 
will  make  it  equal.  „ 

v  woman  attains  her  legal  majority  at  the  end  of  twenty-one  ye  its     She  may  marry 
without  the  consent  of  her  parents  at  the  age  of  eighteen  years. 

Mi  in  vnic's  Lien.— Every  mechanic  or  other  person  who  performsany  work  or  labor, 
or  furnishes  any  materials  or  fixtures,  erection  or  Improvement  on   land,  or  does  any 

repairin i  the  same  byvlrtueofa  contract,  has  a  lien  on  Buch  building  or  Iinpi 

t  and  upon  the  land  on  which  It  Is  situated  to  the  extent  of  one  acre.    'I  heori£ 
contractor  within  six  months,  and  any  laborer  within  thirty  days,  and  any  other  person 
within  four  month-,  must  tile  with  the  |udge  of  probate  a  statement  ol  the  account  and 
ption  of  the  property,  and  action   must  be  brought    to  enforce  the  hen  within 
ninety  days  from  such  filing. 

Mortgages     \.re  executed  and  acknowledged  in  the  same  manner  as  deeds.    Usuatij 
they  contain  a  power  of  sale  authorlziug  foreclosure  without  the  intervention  of  a  i 

ofanotice.    They   may   be  foreclosed  upon   failure  to  pay  any  portion 

of  principal  or  Interest,  If  there  be  a  provision  In  the  mortgage  to  thai  affect,    lies 

may  he  also  foreclosed  bj  i>iii  in  equity.    There  are  two  years  for  redemption  allowed  In 

each  case      \  woman  cannot  mortgage  her  statutory  separate  estate,  for  the  purposi  ol 

et-ting  It  to  sale,  for  the  payment  of  the  'husband's  debt.    There   Is  no  statute  a-  to 

how  mortgages  shall  be  discharged,  being  governed  by  common  law.   (Codeol  \i  . 

Wn.i  b  —  \ii  persons  of  the  age  of  twenty-one  years,  and  of  sound  mind,  may  d 
lands  or  any  interest  therein,  by  their  last  will:    personsol  the  ageol  eighteen  years 
may  also  dispose  of  all  tbcirpersonal  property  bytheirlasi  will.  No  will  Is  effectual  (except 
nuncupative  wills,  by  which  only  five  hundred  dollars' worth  of  property  cm  he  be- 
queathed), unless  the  same  is  In  writing,  signed  by  the  testator,  or  some  person  In  his 
nd  by  his  direction,  and  attested  byat  hast  two  witnesses,  who  mustsub- 
■  their  name-  thereto  in  the  presence  of  the  testator.    Wills  are  executed  oat  ol  the 
In  the  same  way  as  within  the  State.    They  are  recorded  In  the  office  ol  the  Judge 
ol  thi  •  if-) 


ALASKA: 

Alayt  /.".  Alaksa,  Alashka,  and  finally  Alaska. 

Discovered  by  Viti     B  in  1711:  purchased  in  1867  from  Russia 

by  the  United  States;  quasi-civil  governmenl  established  by  acl  of 
July  27,  l 

Ann:  in  square  miles,  577,390;  in  acres,  369,529,600;  usually 
divided  into  six  geographical  divisions,  to  wit : 

Tin-  Arctic  division,  125,245  square  miles ;  the  Yukon  division,  L76,715  square 
mile- ;  the  Kuskokvim  division,  11 1,975  square  miles;  the  Aleutian  division, 
1 1,610  Bquare  miles  ;  Kadiak  dh  iaion,  70,884  square  aides  :  southeastern  divis- 
ion, 29,980  square  miles. 


MATTHEWS  S    (.HIDE.  7 

Estimated  extreme  length,  north  and  south,  1,100  square  miles; 
extreme  breadth  estimated  at  about  800  miles.  Yukon  river  is  the 
great  highway  through  the  country;  navigable  in  summer  upwards 
of  700  miles  ;  coast  line  upwards  of  4,000  miles. 

Sitka,  residence  of  governor  and  seat  of  bishop  of  Greek  church. 

Taxable  property,  $10,000,000. 

Population — Whites,  5,000;  Creoles,  practically  white,  1,800;  Aleuts  and 
natives,  33,000— total,  39,800. 

The  principal  location  of  the  whites  is  on  the  so-called  "  Thirty-mile 
strip  "  of  main  land  lying  in  front  of  the  British  possessions — a  geo- 
graphical division  extending  from  Dixon's  entrance  to  Mount  St. 
Elias  and  the  islands  of  the  Alexandria  Archipelago,  and  covers  a 
strip  of  29,000  square  miles.  White  population  is  reported  as  rapidly 
increasing.  Progress  of  natives  in  education  satisfactory,  and  many 
are  settling  down  to  industrial  employments. 

Climate  along  coast  cloudy  and  foggy  Long  continued  low  tem- 
peratures. No  extremes  of  temperature  in  southeastern  Alaska 
during  day  or  month ;  equable  all  the  year  round.  Mean  annual 
temperature  (in  1886-'87)  43.2°.     Heavy  rainfall. 

Little  developement  of  agricultural  resources.  Crops  few  and 
light;  comparative  experiments.  Cereals,  except  corn,  it  is  believed, 
can  be  grown  to  perfection  in  certain  parts  of  Alaska.  Climatic  con- 
ditions of  the  Aleutian  Islands  and  the  country  around  Sitka,  in- 
cluding the  island  of  Kadiak,  best  in  Territory  for  agriculture  and 
horticulture.  Abundant  and  luxuriant  growth  of  grasses,  and  the 
winters  of  southeastern  Alaska  mild  and  equable.  Excellent  for 
cattle  industry. 

Mineral  resources  claimed  to  be  unsurpassed,  gold  and  silver  hav- 
ing been  discovered  in  considerable  quantities  in  different  localities, 
but  as  yet  only  one  paying  quartz  mine  developed,  the  great  Paris 
mine  on  Douglas  Island;  monthly  product  of  mine  in  bullion, 
$100,000.  Evidences  of  other  metals  (iron,  copper,  cinnebar,  etc.), 
abundant.  Excellent  white  marble  on  Lynn  channel ;  coal  of  good 
quality  on  Cook's  Island ;  sulphur  in  large  quantities  in  volcanic 
districts . 

Other  mining  companies  are  forming  with  large  capitals  for  early 
operations. 

Immense  forests  of  timber,  spruce,  pine,  cedar,  hemlock,  etc.  Tim- 
ber of  excellent  quality,  am!  suitable  tor  house,  boat-building  and 
other  purposes.  Only  .">  or  b  saw  mills  in  the  Territory — not  of 
sufficient  capacity  to  supplj^^half  of  the  Jioihe"  market  demand. 
Cause  non-extension  of  general  land  laws  over  the  Territory. 

Fur  trade  very  valuable ;  furs  abundant  and  in  great  variety — fur 
seal,  sea  and  land  otter,  beaver,  red  fox  ,T>  lack  or  silver  fox,  arctic  fox, 
martin,  brown  and  black  bear,  etc. 

Fisheries  extensive  and  very  valuable.  Vast  shoals  of  salmon,  hal- 
ibut, and  cod,  herring,  etc.,  aiong  coast  in  rivers  and  creeks — all  one 


M  \TTII1.W>  B    QUIDS. 

vast  reBervoirof  fish.  Value  of  salmon,  halibut,  and  ""1  catch  (1886), 
including  oil,  $725,000.  Nine  canneries  and  7  Baiting  houses  inde- 
pendent of  canneries.  Canned  salmon  output  (1881  1,240,000  cases 
of  Tour  dozen  one  pound  tins  each,  or  1 1,520,000  pounds  ;  and  Baited 
.;lhu  ,n.  i  i  u m  pounds— total  market  vain-  $1,800,000.  Product  of 
wna]  J86),  600,000  gallons   of  oil,  valued   at  £150,000. 

and  bone,  250,000  pounds,  valued  at  $750,000.    Annual  cod  catch  about 

1,000  pounds,  valued  at  s200,000.     yalue  of  halibut  catch  and  of 

,1  ,,il  from  herring,  8100,000.     Market  value  of  fisheries  (1881  >, 

10,000. 

mmerce  valuable.     Product  of  hex  several  industries  I  L881  I  val- 
-  ;,950,000. 
Mail  ami  transportation  facilities  wholly  inadequate  to  business 
requirements. 

ARIZONA: 

.V  name  derived  from  an  Indian  word  signifying  "Sand  hiUs" 
Discovered  about  1526  by  the  Spaniards.  Tart  of  the  Territory  ceded 
by  Mexicotothe  United  States  in  1848  by  the  treaty  of  Guadalupe 
.  and  part  ceded  by  the  same  power  by  the  Gadsden  treaty, 
known  as  the  "Gadsden  Purchase," in  1852.  Organized  as  a  Territory 
by  tin-  aet  of  February  24,  18G3. 

Counties,  11. 

Area  :   In  Bquare miles,  113,196;  in  acres,  7l'.'.i06,240. 

l'r.  acott  is  the  capital  and  Tucson  the  largest  town. 

Estimated  population  of  Territory,  (.H>.000. 

AoRH  ri.n  i:  \l  Statistics: 

No.  of  limns  (1880),  7G7  ;  total  land  in  farms,  135,753  acres;  improved  land 
in  farms,  56,071  aa 
Total  value  of  farms,  $1,127,946. 

m  products— crop  of  1886 :  Indian  corn:  Product,  67,000  bushels;  ana  In 

crop, 3,020  acres;  average  yteld  per  acre,  22.2  bushels;  value  per  bushel, 80 

j;  total  valuatii  '»•     Wheat:  Product,  297,000  bushels ;  area  in  crop, 

22,010. acres ;  average   vield   per  acre.  ]:;..")  bushels,   weight   per  bushel,  5.75 

pounds ;  value  per  bushel,  93cents,  total  valuation.  $276,210.    Barley :  Product, 

10  bushels;  area  in  crop,  22,600  acres ;  average  yield  per  acre,  19  bushels; 

value  per  bush  1.  90  cents  ;  total  valuation,  $386,100. 

/  ;  Product,  97,000  bushels ;  area  in  crop,  1,385  acres ;  average  yield  per 

70  bushels  ;  value  per  bushel,  $1  ;  total  valuation,  $97,000. 
//  :■/ .-  Product,  24,098  tons;  area  in  crop,  26,775  acres  ;  average  j  ield  per  acre, 
value  per  ton,  $]  1.75 ;  total  valuation.  $855,446. 
n  a  in  crop,  75,790  acres. 

1  valuation  of  CTOp,  $1,168,356. 

I  -in  animal-  (1886):  // •.  •    :  Number,  10,267;  average  price,  $49;  value, 

Number,   1,882;  average  price,  $72;  value,  $135,504.    Milch 

.-  Number,  16,298 ;  average  price, $37.20 ;  value,  $606,286.    Oxen  <ni<i  other 

dumber,  420,000;  average  price,  $18  ;  value,  $7,660,000.     Hogs :  Number, 

10,441  ;  average  price,  $o.75  ;  value,  $94,536. 

,501  :  average  price, $1.75;  value, $1,152,482. 
i. inn  lal>oi   per  month  by  tin-  year:  Without  board,  $25;  with 
board, $16.    Day  wages  in  harvest:  Without  board, $1.70;  with  board,  $1.20. 


MATTHEWSS    GUIDE.  » 

Day  wages  of  ordinary  farm   labor:    Without  board,  $1.25;    with   board,  90 
cents. 

Manufacturers  (1880) : 

No.  of  establishments,  6(> ;  capital,  $272,600  ;  average  No.  hands  employed, 
220  ;  annual  wages  paid,  $111,180  ;  value  of  materials,  $380,023. 

Total  value  of  products,  $618,365. 

Mine  Statistics  (1880) : 

Product  of  precious  metals,  $6,103,378. 

Mining  wealth  great.  Besides  gold  and  silver,  are  found  lead,  copper,  and 
other  minerals.  Near  Prescott  and  Tucson  is  found  a  superior  quality  of  lime  ; 
in  San  Pedro,  beds  of  gypsum,  and  near  Callville,  deposits  of  pure  transparent 
salt. 

Agricultural  possibilities  very  great,  Soil  of  the  valleys  of  the 
Colorado,  Salt,  Gila,  San  Pedro,  Santa  Cruz  and  Verde  rivers  very  rich, 
with  unsurpassed  productive  capacity.  Estimated  area  of  arable 
lands  in  the  valleys  of  the  Colorado,  Salt,  and  Gila  rivers  2,000,000 
acres.  Irrigation  only  needed  to  make  them  yield  abundantly. 
Length  of  irrigating  canals  estimated  at  400  miles,  constructed  at  a 
cost  of  $1,000,000,  with  a  power  to  reclaim  215,000  acres  of  land. 

Two  distinct  climatic  zones.  Elevations  from  4,000  to  7,000  feet 
above  sea  level  north  of  84th  parallel,  with  an  average  summer  tem- 
perature of  70°.  Winter  snows  on  these  mountains  feed  the  rivers 
with  water.  South  of  34th  parallel  elevations  above  sea  level  from 
o,000  to  5,000  feet,  with  a  minimum  temperature  of  40°  and  a  maxi- 
mum temperature  of  80°  for  eight  months  of  the  year.  Planting  in 
November;  harvest  early  in  May.  Every  variety  of  grasses,  grains, 
fruits,  and  vegetables  grown  in  the  valleys.  Also  cotton,  sugar  cane, 
tobacco,  hemp,  and  rice.  Valleys  adapted  to  fruit  culture — apples, 
pears,  plums,  peaches,  apricots,  quinces,  nectarines,  all  of  delicious 
flavor  and  generous  yield.  Grapes  most  prolific.  Oranges,  lemons, 
limes,  olives,  figs,  and  pomegranates  grown  successfully. 

Stock  raising  industry  rapidly  developed  and  in  a  flourishing  con- 
dition.    Sheep  raising  and  wool  growing  a  prominent  industry. 

Railroad  mileage,  1,050.04.  Atlantic  and  Pacific  crosses  the  Terri- 
tory north  of  its  central  part,  and  the  Southern  Pacific  from  east  to 
west,  The  Maricopa  and  Phoenix  connects  the  City  of  Phoenix,  the 
county  seat  of  Maricopa  county,  via  Tempe,  with  the  Southern  Pacific 
road  at  or  near  Maricopa  station.  The  Prescott  and  Arizona  Central 
connects  Prescott  with  Prescott  Junction  on  the  Atlantic  and  Pacific 
road.  Ready  railroad  communication  east  and  west,  These  rail- 
roads -are  rapidly  developing  and  securing  markets  for  the  mineral, 
agricultural,  and  horticultural  products  of  the  Territory. 

Pine,  oak,  and  juniper  forests  along  mountain  ranges.  Chief  timber 
tract  near  center  of  Territory  ;  in  length  nearly  200  miles,  with  average 
width  of  about  50  miles,  making  10,000  square  miles,  or  6,400,000 
acres. 

A  liberal  and  progressive  system  of  public  schools. 

Territorial  and  congressional  elections  Tuesday  after  first  Monday 
in  November;  senators,  12 — representatives,  25;  biennial  sessions  of 


10  lIATTHBWs'fl    01  il'i 

slature  in  even  numbered  y«  aone  limited  to  60  days; 

terms  of  -  and  representatives,  2  years  each, 

•  rate,  lOpercent.  j  by  contract,  any  rate;   no  penalty 
for  usury. 

Deeds.— Even  conveyance  whereby  real  estate  Is  conveyed  or  affected  shall  bi 
kuowlcdged,  or'proved  and  certlfled,  in  the  manner  hereinafter  provided:  1st 
ackni  proved  within  the  Territory,  by  some  Judge  or  ol(  irt  baying 

a  seal  or  some  notary  publloor  justice  of  the  peace  ol  the  proper  county.    2  L  If  ai 


■■  court  ol  any  State,  kingdom,  or  empire,  having  a  seal,  or  by  any  notary  public 
u,  or  by  any  minister,  commissioner,  or  consul  ol  the  united  States  appointed  to 

Doweb— This  right  Is  abolished    fComp.  Laws,  1877,  p. 

Descent  ind  Distbibutions.— when  a  person  shall  die  leaving  a  widow  or  minor 
child  or  children,  the  widow.chlld,  <>r  children,  until  letters  shall  have  been  granted 
and  inventory  returned,  shall  h<'  entitled  to  possession  of  the  homestead,  wearing  ap- 

Jural  of  the  family,  household  furniture  of  the  d  mable  pro1! 

or  their  support,  to  be  allowed  by  the  probate  judge.    (Comp.  Laws,  If  I  pon 

the  return  of  the  Inventory,  or  at  any  subsequent  time  during  administration,  the  courl 
or  lodge  may  set  apart  for  the  use  of  the  family  of  deceased  all  personal  property  which 
•  ,w  exempt  from  execution,  and  the  homestead.  (lb.  g  163ft)  If  the  whole  property 
exempt  by  law  be  not  Included  In  the  inventory,  and  if  the  amount  set  apart  be  Insuffi- 
cient for  Ibe support  of  the  widow  and  children,  the  probate  court  shall  make  such  rea- 
sonable allowance  out  of  the  estate  as  shall  be  necessary  for  the  maintenance  ol  the 
family  according  to  their  circumstances,  during  the  progress  ol  the  settlementol  the 
•  which,  in  case  of  an  insolvent  estate,  shall  not  be  longer  than  one  year  after 
granting  letters.  (lb.  1639.)  Anv  allowance  made  In  accordance  with  this  chapter  shall 
be  paid  In  preference  to  all  other  charges  except  funeral  expenses  and  the  expenses  ol 

administration.    (lb.  \  1640.)  ,. 

The  following  shall  be  set  apart  for  the  use  of  the  widow  or  minor  child  or  children, 
and  shall  not  be  subject  to  administration:  1st.  All  Bpinnlng-wheels,  weaving-looms. 
and  stoves  put  up  or  kepi  for  use.     2d.  The  family  bible,  family  pictures,  and  school 

-and  library,  not  exceeding  in  value  two  hundred  dollars.  3d.  All  goats  or 
to  the  number  of  twenty,  with  their  fleeces,  and  the  yarn  or  cloth  manufaotuied  from  the 
same;  twocows,  Ave  swine,  with  the  necessary  food  for  them  for  six  months.  Ith.  All 
wearing  apparel  of  the  widow  and  children,  ana  all  household  goods,  furniture  and  uten- 
sils, not  exceeding  in  value  seven  hundred  and  fifty  dollars.  5th.  The  homestead,  con 
slating  of  any  quantity  of  land  not  exceeding  twenty  acres,  and  the  dwelling  house 
thereon,  with  its  appurtenances,  nol  being  included  In  any  incorporated  townorcity, 
with  water  rights  or  privileges  sufficient  to  irrigate  the  same,  or,  instead  then 
quantity  of  land  not  exceeding  one  lot  in  any  Incorpor  ited  town  or  city,  and  the  dwell- 
ing bouse  tlereon  and  it-  appurtenances,  to  be  selected  i>y  the  widow,  or,  if  there  )»•  no 

■  . .  to  be  designated  by  the  probate  judge,  and  not  to  e* l   in  any  case  more  than 

live  thousand  dollars  in  value.  (lb.  g  1041.)  When  the  property  shall  have  been  set 
apart  tor  the  use  of  the  fund  v.  in  ace  irdance  with  the  provisions  ol  this  chapter  . 
the  deceased  shall  have  left  a  widow  and  no  minor  child  such  property  shall  be  the 
propert)  of  the  widow:  If  he  shall  have  left  also  a  minor  child  or  children,  the  one  b 
such  propertv  shall  belong  to  the  widow  and  the  remainder  to  the  child,  or  in  equal 
-hare,  t>  thechlldren,  If  there  be  more  :  ban  one  ;  if  there  be  no  widow,  the  whole  shall 
belong  to  the  minor  child  or  children,  (lb.  J  1642.)  Tier,'  are  some  other  provisions  re 
latin  of  less  value  than  Ave  hundred  dollars,  and  others  relating  to  estates  ol 

,-alue  than  two  thousand  dollars,  which  provide  fora  summary  disposition  ol  them. 

The  homestead, consisting  ofaquantitj  of  land,  together  with   the 
dwelling  house  and  Its  appurtenances,  water  right   pertaining  thereto  sufficient  to  lrrl- 
the  land,  all  not  exceeding  la  value  Ave  thousand  dollars,  is  exempt   from  forced 
iptlon  -hill   not  extend   to  any  mechanic's,  laborer's,  or  vendor's 
lien,  or  to  any  mortgage  lawfully  obtained;  butno  mortgage  sale  or  alienation  ol 
kind  whatever  of  such  land  by  the  owner  thereof,  if  a  married  man.  -hall  he  valid  with- 
out i'  col  the  wife   to  the  same,  acknowledged  by  her  separately  and  apart 
h  r  husband;   provided   that   sucb  signature  and  acknowledgment   Bhall  not  be 
necessary  to  the  validity  of  any  m  irtgage  upon  the  Ian  I   bcl  ire  ll  became  the 
i  the  debtor,  or  executed  to  secure  the  payment  of  the  purcta  ise  money." 
I  the  following  property  is  exempt  from  levy  or  sale  uhd  m.viz:  l-t.  All 
Kplnning-M  beels.  wea\  inj;  loom-,  with  the  apparatus,  and  stoves  put  up  ami  kept  i  . 
in  any  dwelling  house.    2d.  A   seat,  pew,  or  slip  occupied  bj  mch  person  or  family  in 
any  house  or  phice  of  public  worship.    8d.   Ml  cemeteries,  tombs,  and  rights  of  burial, 
repositories  "i  the  dead,    nil    All  arms  and  accoutrement  ■  kepi  for  use] 
:  ll  wearing  apparel  ofeverypei                                     Phe  llbraryand  school  books  ol 
;  oid  family,  not  exceeding  one  hundred  and  tlfty  dollars  In  valuo.and  all 
Dim  fly  pictures.    8th.  To  e  icb  householder  ten  goal  i  or  sheep,  with  their  fleeces,  and  the 
yurn  or  cloth  manufactured  from  the  same;  twocows,  five  BWlne,  and  provisions  and 
fuel  tor  the  comfortable  subelatence  of  such  hou-ehoider  aud  family  for  six  months. 


MATTHEWS'S    GUIDE.  1  1 

7th.  To  each  householder  all  household  goods,  furniture,  and  utensils,  nol  exceeding 
the  value  oi  six  hundred  dollars.  8th.  The  tools,  implements,  materials,  stock,  appara- 
tus, team,  vehicle,  horses,  harness,  or  other  things  to  enable  any  person  to  carry  on  the 
pr< ifession,  trade  occupal ion,  <>r  business  in  which  he  is  wholly  engaged,  not  exceeding 
in  value  six  hundred  dollars:  provided  that  no  property  shall  be  exempt  from  execution 
upon  a  judgment  recovered  for  the  purchase  money  of  such  Identical  property,  either 
by  virtue  of  this  or  any  other  statute  [as  amended  in  1881].  9th.  One  sewing  machine  and 
one  musical  instrument.  10th.  A  sufficient,  quantity  of  hay,  grain,  feed,  and  roots  for 
properly  keeping  for  three  months  the  animals  In. the  several  subdivisions  of  this  sec 
tion  exempted  from  execution,  and  any  chattel  mortgage,  bill  of  sale,  or  other  lien 
created  on  any. part  of  the  property  above  described,  except  such  as  is  mentioned  in 
subdivision  eight,  shall  be  void,  unless  such  mortgage,  hill  of  sale,  or  lien  be  signed  by 
the  wife  of  the  party  making  such  mortgage  or  lien  (if  he  have  one). 

Married  Women.— All  property  of  the  wife  owned  by  her  before  marriage,  and  thai 
acquired  afterward  by  gift,  bequest,  devise,  or  descent,  shall  be  her  separate  property. 
(Comp.  Laws,  1877,  \  1907  ) 

The  husband  shall  have  the  management  and  control  of  the  separate  property  of 
the  wife,  but  no  sale  or  alienation  thereof  can  be  made,  nor  can  it  be  incumbered,  unless 
by  an  instrument  in  writing  signed  by  both  husband  and  wife  and  acknowledged  by 
her  upon  an  examination  separate  and  apart  from  her  husband,  before  a  Justice  of  the 
supreme  court,  probate  judge,  or  notary  public,  or,  if  executed  out  of  the  Territory,  be- 
fore some  judge  of  a  court  of  record  or  before  a  commissioner  appointed  under  the 
authority  of  this  Territory  to  take  acknowledgments  of  deeds.  (Act  of  December  30, 
1865  ;  Comp.  Laws,  1877,  \  1972.)  But  the  Act  of  January  23,  1871,  provides  that  "  married 
women  of  the  age  of  twenty-one  years  and  upwards  shall  have  the  sole  and  exclusive 
control  of  their  separate  property,  and  may  convey  and  transfer  lands  or  any  estate  or 
interest  therein,  vested  in  or  held  by  them  in  their  own  right,  and  without  being  joined 
by  the  husband  in  such  conveyance,  as  fully  and  perfectly  as  they  might  do  if  unmarried. 
(Comp.  Laws,  1877,  §2000.)  The  separate  property  of  the  wife  is  not  liable  for  her  hus- 
band's debts  although  it  is  liable  for  her  own  debts. 

Married  woman  may  become  sole  traders  and  carry  on  business  in  their  own  names, 
by  complying  with  the  provisions  of  g g  24-29,  ch.  32.  Comp.  Laws,  1877.  They  may  sue 
and  be  sued  concerning  their  separate  property  as  though  unmarried. 

Marriage  contracts  may  be  recorded  in  the  office  of  the  county  recorder,  and  such 
record  imports  constructive  notice  of  their  contents.  An  inventory  of  the  separate 
property  of  the  wife,  acknowledged  or  proved  in  the  manner  required  by  law  for  the 
acknowledgment  or  proof  of  conveyances  of  real  estate  and  recorded  in  the  office  of 
the  county  recorder  wherein  the  parties  reside  and  the  filing  of  such  inventory  in  the 
recorder's  office,  shall  be  notice  of  the  title  of,the  wife.    (Comp.  Laws,  1877,  \\  1909-1971.) 

Mechanics'  Liens.— Every  person  performing  labor  upon  or  furnishing  materials  to 
the  value  of  twenty-five  dollars  for  the  construction,  alteration,  or  repair  of  any  building 
or  other  structure,  railroad,  tramway,  tollroad,  canal,  water  ditch,  flume,  aqueduct, 
reservoir,  bridge,  fence,  or  other  structure  or  improvement,  or  performing  labor  or  furnish- 
ing materials,  to  the  value  of  twenty-five  dollars  on  any  mine,  may  have  a  lien  thereon, 
and  on  the  land  necessary  for  the  convenient  use  and  occupation  of  the  same.  Every 
original  contractor  within  ninety  days  alter  the  completion  of  the  contract,  and  every 
other  person  claiming  lien,  within  sixty  days  after  completion  of  building,  etc.,  must 
tile  for  record  with  the  county  recorder  a  claim  containing  a  statement  under  oath  of  his 
demands  after  allowing  credit,  name  of  owner  if  known,  and  employer,  terms  of  con- 
tract, and  description  of  property.  Any  claimant  other  than  original  contractor  must 
give  notice  of  lien  to  owner  within  five  days  after  filing. 

Suit  to  enforce  lien  must  be  brought  within  ninety  days  after  filing.  Any  mechanic 
has  a  lien  on  articles  of  personal  property  made  or  repaired  for  owner,  and  may  sell  such 
articles  at  the  expiration  of  two  months,  at  public  auction— first  giving  twenty  days' 
notice.    Wood  cutters,  foundry  men,  and  machinists  are  also  entitled  to  liens. 

Mortgagees— On  real  estate  must  be  executed  and  recorded  like  deeds,  and  the  remedy 
for  enforcing  them  is  by  civil  action.  After  sale  under  decree  of  foreclosure,  the  mort- 
gagor has  six  months  to  redeem  by  payingamount  of  bid  and  eighteen  per  cent,  thereon 
and  such  taxes  as  may  have  been  paid  by  the  purchaser. 

Satisfaction  may  be  entered  in  the  margin  of  the  record  book,  and  signed  and  ac- 
knowledged by  the  mortgagee  in  presence  of  the  recorder,  or  it  may  lie  by  a  separate 
instrument  executed  and  recorded  in  the  same  manner  as  the  mortgage.  (Comp.  Laws, 
1877, 55  2281,  2283.) 

Refusal  or  neglect  to  execute  and  acknowledge  a  certificate  of  discharge  ot  a  mort- 
gage after  performance  of  the  conditions  thereafter  seven  days  and  alter  being  requested, 
and  after  tender  of  his  reasonable  charges,  makes  the  mortgagee  liable  to  the  mortgagor 
for  one  hundred  dollars,  and  for  actual  damages  occasioned  by  such  refusal  or  neglect . 

Wills.— Every  person  "of  full  age"  (it  seems  the  age  of  majority  in  both  sexes  is 
twenty-one  years)  may  dispose  of  his  or  her  property,  real  and  personal,  subject  to  the 


person  in  his  presence  and  bv  his  expiv,.,. 

presence  of  the  testator  and  of  each  other  by  two  or  more  competent  witnesses  ;  except 


ch.  28.) 


12  H  k'lTHEWSfl    GUIDE. 

ARKANSAS: 

Prom  Kansas,  an  Indian  word  signifying  "  Smoky  Water" — "Good 
Potato  "—with  the  French  prefix  of  arc,  meaning  "  bow."  Also  called 
the  "  Beab  State."  Settled  by  the  French  in  1685.  Formed  out  ofthe 
Bo-called  "  Louisiana  Purchase  *'  ceded  t<»  the  United  States  in  1803  by 
France.  Originally  the  southern  part  of  Missouri.  Separated  from 
Missouri  and  Territorial  government  established  under  the  name  of 
Arkansas  by  act  of  March  2,  1819.  A  convention  of  its  people  framed 
a  I  Jonstitution  and  March  1. 1836,  memorialized  Congress  for  admission 
into  the  Union.  Admitted  by  act  of  June  15,  1836.  Seceded  March 
1.  1861  ;  readmitted  June  22,  1868. 

Area:  [n  square  miles,  52,203 ;  in  acres,  33,410,063.  Frontage  on 
Mississippi  river  about  400  miles. 

Counties.  75. 

Little  Rock  the  capital  and  metropolis;  population  (1880),  13, IMS. 
Hot  Springs  in  Garland  county  celebrated  for  their  medicinal  quali- 
ties; temperature  of  water,  140°. 

Temperature  at  Little  Rock:  In  winter.  42°  to  51°  ;  in  summer,  79° 
to  82°.     Rainfall  at  Fort  Smith.  40  inches — at  Washington,  55  inches. 

Population  in  L880  of  State.  802,525. 

Ai.iacri.TruAi.  STATISTICS  : 

No.  of  farms  (1880),  94,433;  total  land  in  (arms,  12,061,547  acres;  improved 
land  in  farms,  3,595,603  acres. 

Total  value  in  1880  of  farms.  $74,249,655. 

Value  of  farming  implements  and  machinery,  $4,637,497. 

Farm  products  of  L886:  Tndiancorn:  Product,  42,140,000  bushels;  average 
yield  per  acre,  20.4  bushels  ;  area  in  crop.  2,069,176  acres  ;  value  per  bushel,  49 
cents;  total  valuation,  $20,648,600.  Wheat:  Product,  1,815,000  bushels ;  weight 
per  bushel,  58  pounds  ;  average  yield  per  acre.  ,  .8  bushels  ;  area  in  crop,  231,357 
acres;  value  per  bushel,  85  cents;  total  valuation,  $1,542,750.  Rye:  Product, 
34,000 bushels ;  average  yield  per  acre,  7.9  bushels;  area  in  crop,  4,282  acres ; 
value  per  bushel,80  cents;  total  valuation, $27,200.  Oats:  Product, 4,749,000 
bushels;  average  yield  per  acre,  L8  bushels;  area  in  crop,  263,848  acres;  value 
per  bushel,  42  cents  ;  total  valuation.  $1,994,580. 

Potatoes:  Product,  808,000  bushels ;  average  yield  per  acre,  67  bushels ;  area 
in  crop,  12,513  acres;  value  per  bushel,  63  cents ;  total  valuation,  $527,940. 

Hay;  Product,  35,047  tons;  average  yield  per  acre.  1.07  tons;  area  in  crop 
32,671  acres;  value  per  ton,  $10.80  ;  total  valuation.  $378,508. 

Tobacco:  Product,  2,108,000  pounds;  average  yield  per  acre,  875  pounds;  area 
in  crop,  2,409  acres  ;  value  per  pound,  7J  cents  ;  total  valuation.  $158,100. 

Cbtu  m  :  Product,  660,872  hale-;  average  yield  per  acre,  0.488  ton;  area  in 
crop,  1,354,788  acres;  value  per  pound,8  cents  '_'  mills:  total  valuation,  $26,- 
662L228. 

Total  area  in  crop,  3,971,044  acre-;  total  valuation  ,,!'  crop,  $51,939,906. 

Wages  of  farm  labor  per  month  by  the  year:  Without  board,  $18.34  ;  with 
board, $12.50.  Day  wages  in  harvest:  Without  board,  $1.30;  with  board,97 
cent-.  Day  wages  of  ordinary  farm  labor:  Without  board, 93  cent-:  with 
hoard.  65  cent-. 

Farm  animals  (January  1,1888  Ho  :  Number,  179,955  {average  price,  $59.84; 
value, $10,678,480.  Mules:  Number,  L22.457;  average  price,$74.02  :  value, $9,063,- 
660.  Milch  cows:  Number, 304,404  :  average  price,  $1  t.63  ;  value, $4,453,431.  Oxen 
and  other  cattle:  Number,  169,057;  average  price,  $9.81  ;  total  valuation,  $4,608,- 
415.     Hog      Number,  1,538,360 ;  average  price,  $2.56 ;  value,  $3,938,202. 

Sheep:  Number,  220,167 ;  average  price,  $1.41  ;  value,  $810,127. 


MATTHEWS  S    GUIDE. 


13 


Manufactures  (1880) : 

No.  of  establishments,  1,202;  capital,  $2,953,130;  No.  o'f  hands  employed, 
4,557  ;  total  annual  wages  paid,  $925,358  ;  value  of  materials,  $4,392,080. 

Value  of  manufactured  products:  Flouring  and  grisl  mills,  sl'.lM'.i^'so.  Lum- 
ber, sawed,  $1,793,848,  Oil,  cottonseed,  and  cake,  $590,000.  All  other  indus- 
tries, $2,123,022. 

Total  value  of  manufactured  products,  $6,756,159. 

Mine  Statistics  (1880) : 

Bituminous  coal :  Product,  14,778  tons  ;  value,  $33,535. 

Iron  ores  in  Ozark  Mountains;  salt  springs  near  Ouachita;  coal  along 
Arkansas  river ;  kaolin  in  Pulaski  county,  and  oilstone  near  the  Hot  Springs. 

Railroads,  June  30,  1887  :  Mileage,  1,804.21  ;  total  track,  1,853d 7  miles  ;  loco- 
motives, 147  ;  total  revenue  cars,  4,353. 

Presidential  and  congressional  elections  Tuesday  after  first  Monday 
in  November  ;  State  elections  biennial  in  even  numbered  years  ;  bien- 
nial sessions  of  the  legislature  in  odd  numbered  years,  meeting- 
second  Monday  in  January  ;  sessions  limited  to  60  days  ;  senators, 
31 — representatives,  94;  term  of  senators,  4  years — of  representa- 
tives, 2  years. 

Electoral  college,  7. 

Colleges,  5  ;  school  age,  6-21 ;  school  population,  289.617. 

Legal  interest  rate,  6  per  cent.;  by  contract,  10  per  cent.  Usury 
forfeits  principal  and  interest. 

State  Laws  in  Relation  to  Deeds,  Dower,  Descent  and  Distribution  ok  Prop- 
erty, Married  Women,  Mechanics'  Liens,  Mortgages,  and  Wills. 

Deeds.— When  deeds  are  acknowledged  or  proved  in  this  State,  proof  or  acknowledg- 
ment may  be  taken  before  the  supreme  or  circuit  court,  or  either  judge  or  clerk  thereof, 
or  the  clerk  of  any  court  of  record,  or  any  justice  of  the  peace  or  notary  public.  Any- 
where else  in  the  United  States,  before  any  court  of  the  United  States  or  any  State  or 
Territory  having  a  seal,  or  the  clerk  thereof,  mayor  or  chief  officer  of  any  city  or  town 
having  a  seal  of  office,  or  notary  public,  or  any  commissioner  for  the  State  of  Arkansas. 
Out  of  the  United  States,  before  any  court  of  any  state,  kingdom,  or  empire  having  a 
seal,  or  any  mayor  or  chief  officer  of  any  city  or  town  having  an  official  seal,  or  before 
any  officer  of  any  foreign  country  who  by  its  laws  is  authorized  to  take  probate  of  the  con- 
veyance of  real  estate  of  his  own  country,  if  he  have  an  official  seal.  The  proof  of  the  execu- 
tio'nof  adeed  is  made  by  oneormore  of  the  subscribing  witnesses  making  affidavit  before 
the  proper  officer  or  court  that  he  saw  the  grantor  subscribe  it,  or  had  heard  him  acknow- 
ledge that  he  had  subscribed  and  executed  it  for  the  purposes  and  consideration  therein 
mentioned,  and  that  he  or  they  had  subscribed  it  as  witnesses  at  his  request.  II  the 
witnesses  are  dead  or  cannot  be  had.  proof  of  the  handwriting  of  the  grantor  and  that 
of  at  least  one  of  the  subscribing  witnesses  may  be  proved  by  two  or  more  disinterested 
witnesses  swearing  to  each  signature.  The  husband  must  join  in  conveyance  of  wife's 
lands,  if  the  lands  were  acquired  before  October  13,  1874.  If  acquired  since  that  time,  she 
can  convey  either  as  a  single  person,  or  in  the  form  prescribed  by  the  statute  for  convey- 
ances by  married  women.  If  the  grantor  is  unknown  to  the  officer  or  court,  his  identity 
can  be  established  by  affidavits  indorsed  on  the  conveyance.  After  a  deed  is  riled  for 
record  it  is  notice  to  all  the  world,  but  recording  is  not  compulsory.    (lb.  ch.  27.) 

When  husband  and  wife  convey  lands  of  the  husband,  the  certificate  of  acknowledg- 
ment must  show  that  the  wife  acknowledged  her  relinquishment  of  dower;  but  not 
when  the  lands  conveved  belong  to  the  wife.  Neither  deeds  nor  mortgages  are  required 
to  be  filed  for  record  within  any  specified  time,  but  mortgages  are  not  hens  until  filed  for 
record. 

Seals  are  not  required. 

Trust  Deeds— Must  be  acknowledged  and  filed  the  same  as  mortgages.    See  mort- 

ST9.2T6S 

3  Descent  and  Distribution  of  PnoPERTY.-Real  and  personal  property  descend, 
first,  to  children  and  their  descendants,  in  equal  parts;  second,  if  there  be  no  children, 
then  to  the  father,  then  to  the  mother;  if  no  mother,  then  to  the  brothers  or  sisters,  or 
their  descendants,  in  equal  parts;  third,  if  there  be  no  children,  father,  mother,  brothers, 
or  sisters,  nor  their  descendants,  then  to  the  grandfather,  grandmother,  uncles,  aunts, 
and  their  descendants,  in  equal  parts,  and  soon  in  other  eases  without  rest,  passing  to 
the  nearest  lineal  ancestor  and  their  children  and  descendants,  in  equal  parts.  Y\  here 
there  are  descendants  of  the  intestate  the  property  descends  to  them  per  capita  it  in 


14  MATTrTKWSS    RUTDE. 

equal  degree  and        .  In  unequal  degree.    En  case  of  real  estate,  If  the  Inheritance 

was  ancestral  ana  came  from  the  father's  Bide,  then  n  will  a"  to  the  line  on  the  part  <>r 

iher.  ii"i  in  postponement  but  In  exclusion  <>i  1 1 1 « -  mother's  line,  and 
\\  here  Ihe  inheritance  came  from  the  mother's  side,  if  tin-  Inheritance  is  not  ancestral, 
but  a  new  acquisition,  then,  after  a  life  estate  reserved  In  succession  to  the  father  ami 
mother.  If  alive,  It  will  go  In  remainder,  first,  to  the  line  of  the  Intestate's  paternal 
uncles  ami  aunts  and  their  descendants.  In  postponement  of  tin-  mother's  line  until  the 
former  beomes  extinct;  and  then  to  the  line  of  the  intestate's  maternal  uncles  and  aunts 
und  their  descendants,  unless  there  should  be  kindred  lineal  or  collateral,  who  either  In 
right  ol  propinquity  or  by  right  of  representation,  stand  In  a  nearer  relationship  to  the 
jtate  than  tne  uncles  and  aunts;  In  which  casesucb  nearer  kindred  would  take  the 
Inheritance  to  the  exclusion  of  both  "t'  these  collateral  lines;  and  In  their  hands  it 
would  become  an  ancestral  estate,  and  afterwards  go  in  the  blood  of  the  relative  whence 
II  came  In  the  ordinary  course  of  descenl  prescribed  for  ancestral  Inheritances.  Hie  half 
blood  and  their  descendants  take  personalty  as  well  as  realty,  equal  with  the  whole 

blood,  except  that  they  are  excluded  lroin  real  e-tate  when  ancestral.  If  they  lack  the 
blood  of  the  transmitting  ancestor.  Posthumous  children  of  the  Intestate  inherit  as  it 
born  m  the  life  of  the  intestate,  but  other  post  huinous  children  not  horn  at  his  death  do 
not  inherit  from  him.  Illegitimate  children  are  capable  of  Inheriting  and  transmitting 
an  inheritance  on  the  part  of  the  mother.    (Mansfield's  Dig. ch.  18 

DOWI  i:  —A  widow  is  entitled  to  dower  ol  one-third  of  all  lands  of  which  the  husband 

was  seized  of  an  estate  of  Inheritance  during  marriage,  not  relinquished  by  her  in  le 
gal  form,  during  her  life;   also  absolutely  to  one-third  part  of  the  personal  estate  of  all 

.kinds  of  her  husband.  If  the  husband  died  leaving  no  children,  his  widow  i-  en- 
titled to  dower  of  one-half  of  the  land-  and  one-half  oftbepersonalty  In  her  own  right. 
lb.  ch. 

l\i  mii  in\-.-  The  exemption  law  is  contained  in  the  present  Constitution,  and  is  as 

folio.-  -         n  1.  The  personal  property  of  any  resident  of  this  state,  who  Isnol 

married  or  the  head  of  a  family,  in  specific  articles  to  be  -elected  by  such  resident,  not 

ling  in  value  the  sum  <>t  two  hundred  dollars,  in  addition  to  his  or  her  wearing 

el,  -hall  be  exempt  from  seizure  on  attachment,  or  sale  on  execution  or  other  pro- 

■  'in  any  court,  issued  for  the  collection  of  any  debt  by  contract :  provided  that  no 
property  shall  be  exempt  from  execution  for  debts  contracted  for  the  purchase  mones 
therefor  while  in  the  hands  of  the  vendee.  Sec.  2.  The  personal  property  Of  any  resident 
of  this  State,  who  is  married  or  the  head  of  a  family,  in  specific  articles  to  be  selected  by 
such  resident,  not  exceeding  in  value  the  sum  of  live  hundred  dollars,  in  addition  to  In- 

'  wearing  apparel,  and  that  of  his  or  her  family,  shall  be  exempt  from  seizure  on 
attachment,  or  sale  on  execution,  or  other  process  from  any  court,  on  debt  by  con- 
tract    sec.  :;.  '1  be  home-lead  of  any  resident  of  this  State,  who  is  married  or  the  head 

of  a  family,  -hall  not  be  subject  to  the  lien  of  any  judgment  or  decree  of  any  court,  or  to 
sale  under  execution,  or  otherprocess  thereon,  except  such  as  may  be  rendered  for  the 
purchase  money,  or  for  specific  lien-,  laborers'  or  mechanics'  liens  for  Improving  the 
,  or  for  taxes,  or  against  executors,  administrators,  guardians,  receivers,  attorneys 
tor  moneys  collected  by  them,  and  other  trustees  of  anj  express  trust,  for  moneys  due 
from  them  in  their  fiduciary  capacity.    Bee,  4.  The  homestead  outside  any  city,  town, 
or  village,  owned  and  occupied  as  a  residence,  -hall  consist  of  not  exceeding  one  hun- 
dred and  sixty  acres  of  land,  with  the  improvements  thereon,  to  be  selected  by  the 
owner  :  provided  the  same  shall  not  exceed  in  value  the  sum  of  twenty-five  hundred  dol- 
lar-, ami  in  no  event  shall  t  he  homestead  be  reduced  to  less  than  eighty  acres,  without 
Movable.    Bee.  5.  The  homestead  many  city,  town,  or  village,  owned  and  occu- 
s  a  residence,  shall  consisl  ot  not  exceeding  one  acre  of  land,  with  the  improve- 
mi  ni-  thereon,  to  be  selected  by  the  owner:  provided  the  -a me -hail  not  exceed  in  value 
the  -un  i  of  two  thousand  five  hundred  dollars,  and  m  no  event  shall  such  homestead  be 
reduced  to  less  than  one-quarter  of  an  acre  of  land,  without  regard  to  value.    Bee.  6,  li 
the  owner  of  a  homestead  die,  leaving  a  widow,  but  no  children,  and  -aid  widow  ha-  no 
omestead  in  her  own  right,  the  same  snail  be  exempt,  and  the  rents  and  profits 

■  i  shall  vest  in  her  during  her  natural  life:   provided  that  if  the  owner  leaves 

children,  one  or  more,  said  Child  or  children  shall  share  with  said  widow,  ami  be 
entitled    to    half  the    rent-  and    profits    till    each   of  t  hem  arrive- at  t  wenty-one  year-  ol 

each  child'-  right  to  cease  at  twenty-one  years  of  age  -and  the  shares  to  go  to  the 
younger  children ;  and  then  all  to  go  to  the  widow;  and  provided  that -aid  widow  or 
children  n  a  the  homestead,  or  not.    And  In  case  of  the  death  of  the  widow, 

all  Of  -aid  home-lead  -hall  be  vested  in  the  minor  children    of  the  testator   or  intestate. 

.  .  .  s<  c  9.  The  exemptions  contained  in  the  Constitution  ol  l-^s  shall  apply  to  all 
contracted  since  the  adoption  thereof,  and  prior  to  the  adoption  ot  this  Constitu- 
id  pro\  id,  (i  for  in  i  his  article  shall  inure  to  the  benefit  of  the 
:  children,  under  the  exemptions  herein  provided,  after  tbe  decease  of  the  parents." 
•  l-Ti,  an.  ix. -  Homestead  cannot  be  sold  or  mortgaged  without  wife  Join 
■  husband  falls  to  claim  it,  it  may  be  claimed  by  wife. 
M  x  i :  i :  1 1  n  Women.    The  Constitution    Art.  x  i  v    proA  ides  as  follow  -  The 

nd  personal  property  of  any  feme  covert  in  this  State,  acquired  either  before  or  after 
riage,  whether  bj  gift, grant,  inheritance, devise, or  otherwise, shall, so  ion-,'  a-  -in- 
ma\  •  mi  remain  her    eparate  estate  and  property, and  may  be  devised,  be- 

queathed, or  conveyed  by  her  the  same  as  if  -he  v.  ■  nd  the  same  shall  not 

to  the  debts  of  her  husband     Bee.  8   The  general  assembly  shall  provide  for 
i  he  i  ime  and  mode  ol  scheduling  the  separate  pers<  inal  property  ol  married  women.'' 
The  legislature  hiiM  pussed  an  act  providing  for  the  scheduling  of  the  separate  prop- 

ncn.    Failure  to  schedule  such  property  leaves  the  burden  of  prool 

on  the  wife  to  show  the  character  in  which  it  la  held.  2640. 


MATTHEWS'S    GUIDE.  15 

A  wife's  separate  property  is  not  liable  for  any  debts  contracted  by  her.  unless  the  con- 
tract was  made  with  special  reference  to  its  being  so  liable.  (Adams  vs.  Stillwell,  2',)  Ark. 
3460 

Mechanic's  Lien.— A  mechanic  or  other  person  performing  any  work  or  laboror 
furnishing  any  material  or  fixture,  erection  or  improvement  on  Land,  or  doing  any  re- 
pairing on  the  same  byvirtueofa  contract,  has  alien  on  such  building  or  Improve- 
ment, and  upon  the  land  upon  which  it  is  situated  not  exceeding  twoacres.  He  must 
tile  with  the  clerk  of  the  circuit  court  of  the  county  where  the  land  is,  within  ninety 
days  after  ceasing  to  labor,  a  just  and  true  account-  of  the  claim,  and  descript  Ion  of  the 
property  and  suit  must  be  begun  within  nine  months  thereafter  by  a  contractor,  and 
within  six  months  by  a  sub-contracter. 

MORTGAGES— Acknowledged  the  same  as  deeds,  and  are  not  liens  until  tiled  for  re- 
cord, though  good  between  the  parties.  They  may  be  foreclosed  by  bill  in  equity. 
Sales  of  personalty  under  decree  are  made  on  a  credit  of  three  months.  Sales  of  land 
on  not  less  than  three  nor  more  than  six  months,  the  purchaser  giving  bond  with  surety, 
having  force  of  a  judgment,  and  a  lien  being  retained  on  lands  sold  forthe  price.  Per- 
sonal decree  is  also  given  for  amount  due  on  mortgage,  and  may  be  enforced  by  execu- 
tion either  before  or  after  sale  of  mortgaged  property,  for  any  amount  due.  Mortgages 
may  be  released  by  entry  of  satisfaction  on  the  margin  of  the  record  of  the  mortgage  in 
the  recorder's  office  by  the  mortgagees.    (Ch.  110.) 

Property,  real  or  personal,  sold  under  mortgages  and  deeds  of  trust  shall  bring  two- 
thirds  of  its  appraised  value :  provided  that  this  does  not  apply  to  sales  of  property  for 
the  purchase  money  thereof.  If  the  property  shall  not  bring  two-thirds  of  its  appraised 
value,  then  in  case  of  personalty  another  offering  may  be  made  in  sixty  days,  or, 
in  case  of  realty,  in  one  year,  when  the  sale  shall  be  made  to  the  highest  bidder  without 
reference  to  value.  The  realty  may  be  redeemed  by  the  mortgagor  at  any  time  within 
one  year  from  the  sale  thereof,  by  paying  the  amount  the  property  sold  for,  ten  per  cent, 
interest,  and  costs. 

The  mortgagee  or  trustee  before  sale  shall  apply  to  a  justice  of  the  township  where 
the  sale  is  to  be  made  to  appoint  three  appraisers,  who  shall  appraise  the  property  under 
oath,  and  they  or  any  two  shall  make  a  written  report  to  the  trustee  or  mortgagee,  which 
shall  be  open  to  the  parties  interested. 

Wills.— Every  person  over  twenty-one  years  old  may  devise  realty  and  personalty, 
and  all  persons  over  eighteen  may  bequeath  goods  and  chattels  by  last  will  and  testament . 
Every  will  must  be  executed  as  follows:  First,  it  must  be  subscribed  by  the  testator  at 
the  end  of  the  will,  or  by  some  person  for  him  at  his  request;  second,  such  subscription 
shall  be  made  by  the  testator  in  the  presence  of  each  of  the  attesting  witnesses,  or  shall 
be  acknowledged  by  him  to  have  been  so  made  to  each  of  the  attesting  witnesses;  third, 
at  the  time  of  such  subscribing  or  acknowledgment  the  testator  shall  declare  the  instru- 
ment so  subscribed  to  be  his  last  will  and  testament ;  fourth,  there  shall  be  at  least  two 
attesting  witnesses,  each  of  whom  shall  sign  his  name  as  a  witness  at  the  end  of  the 
will  at  the  request  of  the  testator;  fifth,  where  the  entire  body  and  signature  of  the  will 
are  in  the  handwriting  of  the  testator  it  may  be  established  by  the  unimpeachable  evi- 
dence of  at  least  three  disinterested  witnesses  to  the  handwriting  and  signature  of  the 
testator  without  subscribing  witnesses;  but  no  such  will  shall  be  pleaded  in  bar  of  one 
subscribed  in  due  form.  Nuncupative  wills  may  be  made  during  last  illness,  and  must 
be  proved  by  two  witnesses,  and  are  not  good  where  the  estate  bequeathed  exeeds  five 
hundred  dollars.     (Mansfield's  Dig.  ch.  155  ) 

Wills  are  proved  and  recorded  in  the  office  of  the  clerk  of  the  probate  court  of  the 
county  in  which  the  testator  resided  at  the  time  of  his  death.  If  he  had  no  known 
place  of  residence  in  this  State,  and  land  is  devised,  then  in  the  county  where  the  land 
or  t  lie  greater  part  thereof  lies.  If  no  land  is  devised,  then  in  the  county  where  he  died, 
or  that  in  which  his  estate  or  the  greater  part  thereof  shall  lie,  or  where  there  may  be 
any  debt  or  demand  owing  to  him. 


CALIFORNIA: 

In  Spanish  signifying  "  Hot  Furnace."  Held  by  some  to  be  derived 
from  the  Arabic  Khalifah,  from  Khdlafa,  successor,  the  caliphs  being 
the  acknowledged  successors  of  Mahomet.  The  peninsula  called 
••  Lower"  or  "  Old  California  "  laid  down  in  some  early  geographies 
as  an  island,  and  treated  in  the  romances  of  the  period  as  a  hounding 
in  treasures  of  gold,  was  discovered  and  named  California  in  1535  by 
Cortez.  The  State  is  also  called  "  The  Golden  State."  Settled  in 
1768  at  San  Diego  by  the  Spaniards,  it  subsequently  formed  part  of 
Mexico,  and  was  ceded  by  that  power  February  2$,  1848,  by  the 
treaty  of  Guadalupe  Hidalgo,  to  the  United  States.  The  discovery  of 
gold  in  1841)  caused  its  rapid  settlement,  and  its  inhabitants  framing 
a  constitution,  it  was  admitted  as  a  State  September  9,  1850. 


18  MAI  I  111  W—     MIli]  . 

Area:  tn  square  miles,  157,801;  in  acres,  100,992,640.  Over  700 
miles  of  coast  line. 

Counties,  52. 

Sacramento  city  is  the  capital;  population  in  1880,21,420.  San 
Francisco  the  rich  and  thriving  metropolis,  its  harbor  the  best  on  the 
Pacific  coast,  and  the  only  port  of  entry  in  the  Stale;  population, 
233,959.  Regular  steam  communication  with  china.  Japan,  Australia, 
Panama,  and  Mexico.  Oakland:  population,  34,555 ;  Bridgeport  city: 
population,  27,643;  Los  Angeles:  population,  11,183;  Stockton: 
population,  10,282.     Q.  S.  navy  yard  at  San  Pablo. 

Temperature:  At  San  Francisco,  in  winter,  50°to  55c  ;  in  summer, 
58    to  69°.     Rainfall  at  Sacramento.  20  incl 

Population  in  1880,864,694.  Chinese, 75,132 ;  Japanese,86:  In- 
dians, 16,277. 

A  splendid  agricultural  country.  Soil  rich  and  prolific;  climate 
beautiful  and  healthy,  and  harvests  abundant  with  comparatively 
light  toil  :  often  two  crops  a  year  on  the  same  land. 

Auttll  t  III  K  \i.  Statisth  > : 

\'h.  of  farm-  (1880),  :'.">.'•»'•  M  :  total  land  in  faring  16,593,742  acres;  total  im- 
proved laud  in  farms,  10,669,698  acres ;  unimproved  land  in  farms,  5,924,044 
acres. 

Value  of  farms,  $262,051,282;  value  of  farming  implements  and  machinery, 
$8,447,744. 

Average  value  per  acre,  for  cleared  land.  (27.16;  for  woodland,  $8.55. 

Farm  products — crop  of  1886:  Wheat:  Product,  36,165,000  bushels;  average 
yield  per  acre.  11.6  bushels;  area  in  crop, 3,104,640  acres ;  weight  per  bushel,  59 
pounds;  value  per  bushel,  73  cents;  total  valuation,  $26,400,450.  Indian-corn: 
Product,  1,262,000  pounds ;  average  yield  per  acre,  27.2  bushels;  area  in  crop, 
156,752  acres ;  value  per  bushel,  62  cents;  total  valuation,  $2,642,440.  Barley: 
Product,  16,038,000  bushels ;  average  yield  per  acre,  22.2  bushels ;  area  in  crop, 
722,450  acres;  value  per  bushel,  65  cent-;  total  valuation,  $10,424,700.  Oats: 
Product,  2,317,000  bushels;  average  yield  per  acre.  28.8  bushels;  area  in  crop, 
}  acres;  value  per  bushel,  Hcents;  total  valuation,  $1,019,480.  Rye:  Pro- 
duct, 365,000  bushels;  average  yield  per  acre,  12  bushels;  area  in  crop,  30,409 
acres;  value  per  bushel,  76  cents ;  total  valuation,  $277,400. 

Hay:  Product,  1,296,234  tun-;  average  yield  per  acre,  L.34  ton;  area  in  crop, 
967,469  acres  ;  value  per  ton.  $8.15  :  total  valuation,  $10,564,307. 

Potatoes:  Product,  4,753,000  bushels ;  average  yield  peracre^  78  bushels;  area 
in  crop,  60,940  acres ;  value  per  bushel,  66  cents ;  total  valuation,  $3,136,980, 

Mosl  other  vegetables  in  like  profusion. 

•  il     area    in    (a-.. p.    5,1  23,01  s    acre-;     total     valuation     of    farm     products, 
$3  t.  165,757. 

Farm  animals,  January  1,1888:  Horses:  Number, 307,004 ;  average  price,  $71 ; 
total  value,  $21 ,797,255.   if  ides:  Number,  38,824  ;  average  price,$85.03;  total  value, 
1,389.     Milch  cows:  Number,  250,773 ;  average  price,$33;  value,  $8,275,509. 
and  other  cattlt  :  Product,  692,267;  average  price,  $20.50;  value,  sl  l.l'U.447. 
Sheep:  Number,  5,462,728 ;  average  price,  $1.88;  value,  $10,291,779.     Hogs:  Pro- 
duct, 1,047,842;  average  price,  $4.62 ;  value,  1 1,836,000. 
Fine  sheep  raising  country.    Cashmere  goats  introduced  and  thriving. 
Dairy  products-  1880:  Milk,  12,353,178  gallons;   butter,  14,084,405  pounds; 
cheese,  -.'» >6,6 I S  pound-. 

Wool  clip,  16,798,036  pounds. 


MATTHEWS'S    GUIDE.  17 

Wages  per  month  by  the  yea  r  of  fa  rm  labor*  srs— !  888  :  Without  board,  $38.08 ; 
with  board,  $2o.67.  Day  wages  in  harvest:  Without  board,  $2.25;  with  board, 
$l.So.  Day  wages  of  ordinary  farm  labor:  Without  board,  $1.00;  with  board, 
$1.18.  ' 

The  grape  succeeds  admirably,  and  is  profitably  manufactured  into 
wine.  Varieties  grown  belong  to  the  species  Vitis  vinifera.  Thousands 
of  acres  in  a  single  vineyard.  The  Napa  valley  almost  wholly  given 
up  to  the  culture  of  the  vine.  Seventeen  tons  of  grapes  grown  on  a 
single  acre  ;  frequently  10  tons  per  acre. 

The  manufacture  of  raisins  a  leading  industry  in  San  Joaquin  val- 
ley, as  also  in  the  valeys  of  Sonoma,  the  Sacramento,  Santa  Anna, 
and  Santa  Clara.  San  Diego  raisins  equal  any  made  in  Europe ;  El 
Cajon  fruit  famous. 

Grape  region  extends  north  to  41° ;  average  breadth,  100  miles. 

Plum  product  abundant,  and  fruit  delicious  ;  dried  equal  in  quality 
to  best  foreign  brands. 

Vast  tracts  of  the  olive.  Oranges,  apples,  peaches,  pears,  etc.,  pro- 
duced in  large  quantities  and  in  qualities  excellent. 

Subtropical  nuts  abundant. 

Manufactures — 1880 : 

No.  of  establishments,  5,885;  capital,  $61,243,784;  average  No.  hands  em- 
ployed, 43,693  ;  amount  paid  in  wages,  $21,065,905 ;  value  of  materials,  $72,607,- 
709 ;  value  of  products,  $116,218,973. 

Embracing  the  manufacture  of  agriculture  implements  valued  at  $586,338 ; 
bags  and  othe  paper  ;  boots  and  shoes ;  carriages  and  wagons ;  fruits  and  vege- 
tables canned ;  furniture ;  leather ;  iron  and  steel ;  tobacco,  cigars,  and  cigar- 
ettes ;  shipbuilding,  etc.,  etc.,  etc. 

Wool  products  valued  at  $1,634,858. 

Lumber  products  valued  at  $4,428,950. 

Mining  Statistics — 1880 : 

Gold :  Output,  829,676.7  ounces ;  value,  $17,150,941.  Silver :  Output,  890,158.2 
ounces;  value,  $1,150,887. 

Total  value  of  gold  and  silver  output,  $18,301,828. 

Coal :  Output,  236,950  tons ;  value,  $663,013.    Copper  ingots,  720,000  pounds. 

Total  assessed  valuation  in  1880  of  real  estate  and  personal  property,  $584,- 
578,036. 

Railroads,  June  30,  1881 :  Mileage,  4,265 ;  total  track,  4,843  miles ; 
locomotives,  802  ;  total  revenue  cars,  19,057. 

Governor  and  State  officers  elected  quadriennially  and  legislature 
every  2  years  ;  senators,  40 — representatives,  80 ;  sessions  of  legisla- 
ture biennial  in  odd  numbered  years,  meeting  first  Monday  after  Jan- 
uary 1 ;  limit  of  session,  60  days ;  term  of  senators,  4  years — of 
representatives,  2  years. 

Electoral  college,  8. 

Schools  excellent.     School  age,  5-17.    School  population,  216,330. 

Legal  interest  rate,  7  per  cent.;  by  contract,  any  rate. 

State  Laws  in  Eelation  to  Deeds,  Dower,  Descent  and  Distribution  of- 
Property,  Married  Women,  Mechanic's  Liens,  Mortgages,  and  Wills. 

Deeds,  Acknowledgments,  etc.— An  estate  in  real  property  other  than  an  estate 
at  will  or  for  a  term  not  exceeding  one  year  can  be  transferred  only  by  operation  of  law, 
or  by  an  instrument  in  writing  subscribed  by  the  party  disposing  of  the  same,  or  by  his 


18  ItATTHBWB'fl    GUIDE. 

I  thereunto  authorized  by  writing.    If  the  grantor  be  unable  to  write  his  mark  is 

name  U  written  near  It  by  a  person  who  writes  hisowhnameas  a  witness 

transfer  In  writing  iscalled  a  "grant."    The  word  "grant"  used  in  any  conveyance 

<•!'  an  estate  "f  inheritance  or  lee  simple  Implies  thai  the  grantor  lias  not  prior  thereto 

or  any  Interest  therein,  and  that  such  estate  Is  at  the  time  of 

conveyance  free  from  any  Incumbrances  done,  made,  or  suffered  by  the  grantor  <>r  any 

■I  claiming  under  him.  Booh  covenants  may  be  sued  upon  the  sameas  if  expressly 

inserted  In  the  conveyance. 

The  following  form  Is  a  sufficient  grant:  LA.  B.,  grant  to  C.  D.  all  thai  real  property 
situated  Inllnsert  name  of  county)  county,  State  of  California,  bounded  (or  described)  as 
follows :  [Here  Insert  description,  or,  If  the  land  sought  to  be  conveyed  has  a  descriptive 
name,  it  may  be  described  by  the  name  as,  for  instance,  "  the  Norrifl  Ranch.)" 

Witness  my  hand  this  day  of  18  AH. 

in  order  to  make  a  deed  available  as  evidence,  its  execution  must  be  proved  as  any 
nther  Instrument  of  writing,  unless  the  deed  be  acknowledged  or  proved  as  hereinafter 
explained,  and  if  so  acknowledged  or  proved,  it  is  received  In  evidence  without  further 
proof. 

An  instrument  so  acknowledged  or  proved  may  be  recorded  In  the  office  of  tbere- 
rof  the  county  wherein  the  land  Is  situate,  and  the  record  is  constructive  notice 
of  the  contents  thereof  to  subsequent  purchasers  and  mortgagees. 

i  eds,  though  nol  recorded,  are  valid  and  binding  between  the  parlies  thereto,  and 
also  upon  all  persons  having  actual  notice  of  the  same  ;  but  arc  void  as  agalnsl  any  sub- 
ti  m  purchaser  or  mortgagee  of  the  same  property,  or  any  part  thereof,  in  good  faith 
and  for  a  valuable  consideration,  whose  conveyance  is  first  duly  recorded.  An  attaching 
creditor  is  not  protected  against  such  unrecorded  deed,  if  thedeed  be  recorded  befo] 
sale  under  the  judgment  in  such  action. 

Wi  not  necessary  to  the  validity  of  a  deed  or  other  Instrument  affecting 

title  to  realty,  except  wills. 

Thedeed  of  a  married  woman  has  no  validity  unless  it  be  acknowledged;  in  other 

.->.."  i  if  execution  may  be  made  by  a  subscribing  witness. 
Wherever  the  name  of  the  owner  of  any  real  estate  is  from  any  cause  changed,  his 
e  thereof  must  set  forth  the  name  in  which  he  or  she  derived  title  to  said  real 
estate. 

The  proof  or  acknowledgment  of  an  instrument  may  be  made  within  this  State  before 

a  Justice  or  cleric  of  the  supreme  court,  or  a  judge  of  the  superior  court,  and,  within  the 

city  and  county  or  district  for  which  the  officer  was  elected  or  appointed,  belore  either  a 

clerk  of  a  court  of  record,  a  court  commissioner,  county  recorder,  notary  public,  or  a 

•  ..f  the  peace.    (C.  C.  1 1181.) 

If  proved  or  acknowledged  out  of  this  State,  but  in  the  United  States  and  within  tne 

[fiction  of  the  officer,  it  may  be  before  a  Just  ice,  Judge,  or  cleric  of  a  court  of  record 

-.i  the  I'm  any  Justice  or  Judge  of  any  court  of  record  of  any  State,  a  notary 

public-,  or  a  commissioner  appointed  by  the  governor  of  this  state  for  that  purpose; 

I  .  i.  re  any  other  officer  of  the  State  where  the  acknowledgment  is  made,  author- 
by  it- laws  to  take  such  proof  or  acknowledgment.    (C  c.  g  1182.) 

If  taken  or  made  out  of  the  United  states,  before  a  minister,  commissioner,  or  charge 
d'affaires  of  the  United  States  resident  and  accredited  in  the  country  where  the  proof  or 
acknowledgment  is  made,  or  a  consul,  vice-consul,  or  consular  agent  of  the  United  States, 
.entin  the  country  where  the  proof  or  acknowledgment  is  made,  or  a  judge  of  a 
Of  the  country  where  the  proof  or  acknowledgment  is  made,  or  a  com- 
biner appointed  for  such  purpose  by  the  governor  pursuant  to  special  statutes,  or  a 
notary  public    (C.0.1U88.J 

I I  iticates  or  acknov.  ledgment  must  be  authenticated  by  the  signature  of  the  officer, 
fallowed  by  his  name  or  title  of  office,  and  his  official  seal  affixed,  if  by  the  law  under 
which  he  is  acting  he  Is  required  to  have  an  official  seal.  The  seal  may  be  made  by  an 
impression  <>n  the  paper,  or  on  wax  or  other  substance  attached. 

ah  distinctions  between  sealed  and  unsealed  Instruments  are  abolished.    (C.C.  \  1629.) 

A  written  instrument  is  presumptive  evidence  of  consideration.    (C.  C.  \  1614.) 

TBUB1    lnii' — To  secure  the  payment  of  money,  are  in  frequent  use' in  this  State, 

but  as  they  deprive  the  debtor  of  therighl  of  redemption,  they  are  not  looked  upon  with 

favor,  and  are  rarely  used  t,y  private  persons. 

Dssci  h  i  "i  Real  am>  Pebsonaxj  Pbopbbtv.— When  any  person  dies  Intestate,  bis 
property, after  paymenl  ol  debts  and  expenses  of  administration,  unless  limited  by 
marriage  settlement,  Is  dii  tributed  as  follows: 

urvtving  husband  or  wife,  and  only  one  child,  In  equal  shares 

eh:  If  more  than  one  child,  one-third  goes  to  the  surviving  consort  and  the  balance 

to  the  children  in  equal  shares.    The  children  of  a  deceased  child  take  by  the  right  of 

n  pri  ■->  ui  ttlon;  but  if  all  of  the  descendants  are  in  the  same  degree  of  kindred  to  the 

decedent  they  share  equally,    if  the  decedent  leave  no  husband  or  wife  but  leave  issue, 

tin-  win ill  -  to  BUCb  issue. 

[f  the  deceased  leaves  no  children,  the  surviving  eon  sort  takes  one-half,  and  the  other 

half  goes  n>  the  decedent's  father  and  mother  in  equal  shares,  and  it  either  be  dead  the 

whole  of  said  half  goes  to  the  other.    If  there  be  no  lather  or  mother,  then  one-half  goes 

Ln  equal  sb  brothers  and  sisters  of  the  decedent,  and  to  the  children  of  any 

t  or  slater  by  right  of  representation. 

n  |  •  leave  no  issue,  nor  husband  or  wife,  the  estate  goes  to  his  rather  and 

mot  lie  |-  in  equal  shares,  or,  it  either  be  dead,  then  to  the  ether.     If  there  be  neither  issue, 
husband.  Wllb,  Gather,  nor  mother,  then  In  equal  shares  to  the  brothers  and  sisters  and 

to  the  children  of  any  deceased  brother  or  sister  by  right  of  representation. 

it  deceased  leaves  a  surviving  husband  or  wife,  and  no  Issue,  father,  mother,  brother, 
the  whole  estate  goes  tosucb  survivor. 


MATTHEWS \S    GUIDE.  19- 

If  the  deceased  leaves  none  of  the  aforementioned,  the  estate  goes  to  the  next  of  kin 
In  equal  degree ;  and  if  there  are  two  or  more  collateral  kindred  in  equal  degree,  but 
claiming  through  different  ancestors,  those  claiming  through  the  nearest  ancestor  must 
be  preferred. 

If  the  decedent  leave  several  children,  or  one  child  and  the  issue  of  one  or  more 
children,  and  any  such  surviving  child  dies  under  age  not  having  been  married,  all  the 
estate  that  came  to  the  deceased  child  by  inheritance  from  such  decedent  goes  in  equal 
shares  to  the  other  children  of  the  same  parent  and  to  the  issue  ofany  such  other  children 
who  are  dead,  by  right  of  representation.  If  at  the  death  of  such  child  who  dies 
under  age  not  having  been  married,  all  the  other  children  of  his  parents  are  also 
dead,  and  any  of  them  have  left  issue,  the  estate  that  came  to  such  child  by  inheri- 
tance from  its  parent  descends  to  the  issue  of  all  other  children  of  the  same  parent. 

If  the  decedent  be  a  widow  or  widower  and  leave  no  kindred,  and  any  portion  of  the 
estate  was  common  property  of  such  decedent  and  his  or  her  deceased  spouse  such 
common  property  shall  go  to  the  father  of  such  deceased  spouse,  or,  if  he  be  dead,  to  the 
mother,  or,  if  both  be  dead,  to  "the  brothers  and  sisters  of  such  deceased  spouse,  in  equal 
shares,  and  to  the  lawful  issue  of  any  deceased  brother  or  sister  of  such  spouse  bv  right 
of  representation.  ° 

If  the  decedent  leaves  no  husband,  wife,  or  kindred,  and  there  be  no  heirs  to  take  his 
estate  or  any  portion  thereof  under  the  preceding  clause,  the  estate  escheats  to  the 
school  fund  of  the  State.    (0.  C.  §1386.) 

The  foregoing  provisions  as  to  the  inheritance  of  the  husband  and  wife  from  each 
other  apply  only  to  the  separate  property  of  the  decedents. 

Upon  the  death  of  the  wife  the  entire  community  propertv  without  administration 
belongs  to  the  surviving  husband,  except  such  portion  as  may  have  been  set  apart  to  her 
by  judicial  decree  for  her  support  and  maintenance.  Such  portion  is  subject  to  her  testa- 
mentary disposition,  and  in  the  absence  of  such  disposition  goes  to  her  heirs  exclusive 
of  her  husband.  Upon  the  death  of  the  husband  one-half  of  the  community  property 
goes  to  the  wife  and  the  other  half  is  subject  to  the  testamentary  disposition  of  the  hus- 
band, and  in  the  absence  of  such  disposition  goes  to  his  descendants;  and  in  the  absence 
of  both  disposition  and  descendants  is  distributed  in  the  same  manner  as  his  separate 
estate.  Upon  the  death  of  the  husband  the  entire  community  property  is  subject  to  his 
debts,  the  family  allowance,  and  expenses  of  administration. 

The  degree  of  kindred  is  established  by  the  number  of  generations,  and  each  genera- 
tion is  called  a  degree.    (C.  C.  §  1:389.) 

Kindred  of  the  half  blood  inherit  equally  with  those  of  the  whole  blood,  except  where 
the  estate  came  to  the  intestate  by  descent,  devise,  or  gift  of  some  one  of  his  ancestors 
when  the  half  blood  is  excluded.    (C.  C.  \  1391.)  ' 

Dower.— See  Married  women. 

Exemption.— The  following  property  is  exempt  from  execution  for  any  debt  except 
it  be  for  the  purchase  price  of  such  property,  or  the  debt  be  secured  by  mortgage   lien 
or  pledge  thereon  •  to  wit:  1st.  Chairs,  tables,  desks,  and  books,  to  the  value  of  two  hun- 
dred dollars.    2d.  Necessary  household  table  and  kitchen  furniture  of  the  debtor  includ- 
ing one  sewing  machine,  stoves,  stove  pipes  and  stove  furniture,  wearing  apparel,  beds 
bedding,  bedsteads,  hanging  pictures,  oil  paintings  and  drawings  drawn  or  painted  by 
any  member  of  the  family,  family  portraits  and  their  necessary  frames,  provisions  ac- 
tually provided  for  individual  or  family  use  sufficient  for  three  months,  and  three  cows 
.and  their  sucking  calves,  four  hogs  with  their  sucking  piss  and  food  for  such  cows  and 
hogs  for  one  month.    3d.  The  farming  utensils,  etc.,  of  thejudgment  debtor,  also  two  oxen, 
or  two  horses,  or  two  mules  and  their  harness,  one  cart  or  wagon,  and  food  for  such  ani- 
mals for  one  month,  also  seed  grain  or  vegetables  reserved  or  on  hand  for  planting  within 
six  months,  not  exceeding  two  hundred  dollars  in  value ;  and  seventv-nve  bee-hives,  and 
one  horse  and  vehicle  belonging  to  any  person  who  is  maimed  or  crippled,  the  same  be- 
ing necessary  to  his  business.    4th.  Tools  or  implements  of  a  mechanic  or  artisan,  no- 
tary's seal,  office  furniture  and  records ;    instruments  of  a  surgeon,  physician,  music 
teacher,  surveyor,  or  dentist,  necessary  to  the  exercise  of  their  profession ;  books,  pro- 
fessional libraries  and  office  furniture  of  attorneys,  judges,  ministers  of  the  gospel 
editors,  and  school  and  music  teachers,  and  all  the  indexes,  abstracts,  books,  papers, 
maps,  and  office  furniture  of  searcher  of  records  necessary  to  be  used  in  his  profession. 
5th.  A  miner's  cabin,  not  exceeding  five  hundred  dollars  in  value,  also  his  sluices,  pipes, 
tools,  etc.,  necessary  for  his  business,  not  exceeding  Ave  hundred  dollars  in  value,  and 
two  horses,  mules,  or  oxen,  and  their  harness,  and  food  for  the  same  for  one  month, 
when  necessary  to  be  used  for  any  windlass,  derrick,  car,  pump,  or  hoisting  gear;  and 
the  miner's  claim  worked  by  him,  and  not  exceeding  one  thousand  dollars  in  value.    6th. 
Two  oxen,  horses,  or  mules,  and  their  harness  and  food  for  one  month,  and  one  cart, 
wagon,  dray,  truck,  coupe,  hack,  or  carriage  for  one  or  two  horses,  by  the  use  of  which  a 
cartman,  drayman,  truckman,  huckster,  peddler,  hackman,  teamster,  or  other  laborer 
habitually  earns  his  living,  and  one  horse,  vehicle,  and  harness  used  by  physician,  sur- 
geon, constable,  or  minister  of  the  gospel  in  the  legitimate  practice  of  his  profession  or 
business  with  food  for  such  animals  for  one  month.    7th.  Poultry  worth  not  more  than 
twenty-five  dollars.    8th.  Earnings,  for  personal  services  rendered  within  thirty  days  of 
levy,  if  the  defendant  swears  they  are  necessary  for  the  use  of  his  familv  residing  in  the 
State,  and  supported  in  whole  or  in  part  by  his  labor ;  but  only  one-half  of  such  earnings 
are  exempt  where  the  debt  is  for  necessaries  of  life.    9th.  Shares  in  homestead  associa- 
tions, not  exceeding  in  value,  one  thousand  dollars— if  the  debtor  has  not  a  homestead 
selected  ;  nautical  instruments  and  wearing  apparel  of  any  master,  officer,  or  seaman  of 
any  vessel.    10th.  Life  insurance  policies,  and  all  benefits  accruing  therfrom,  provided 
the  annual  premium  shall  not  exceed  five  hundred  dollars.    11th.  All  fire  engines,  etc. 
12th.  All  fire  arms,  etc.,  required  by  law  to  be  kept  by  any  person,  and  one  gun  selected 


20  MAT  I'll  KUs's    GUIDE. 

bv  the  debtor.    Uth.AU  court  houses,  jails,  public  offices,  buildings,  cemeteries,  etc. 

r.    •«).) 

Homestead.— A  homestead  to  the  extent  of  live  thousand  dollars  In  value,  consisting 

of  the  dwelling-house  where  the  claimant  resides,  together  with  the  lundon  which  it  is 

situated,  maybi  I  by  the  husband,  or,  In  the  case  of  his  (allure  to  do  so,  by  the 

otlon  must  describe  the  premises  ami  state  their  value,  and  must  be 

acknowledged  in  the  same  manner  as  a  oon  venanoe,  and  died  for  record  in  the  county 

.    After  Buch  riling  the  premises  therein  described  are  exempt  from  exe- 

n  or  forced  sale,  except  In  satisfaction  of  liens  existing  prior  thereto  or  created  by 

i       i  busband  and  wife,  and  can  be  aliened  or  incumbered  only  by  an  instrument  exe- 

i  ami  acknowledged  by  both  busband  and  wife,    such  selection  may  be  made  from 

immunity  property  or  from  the  separate  property  of  the  husband,  or,  with  the  con- 
t--nt  of  the  \\ite,  from  her  separate  property,    if  the  premises  Belt  d  five  thou- 

sand dollars  m  value,  a  Judgment  creditor  can  apply  to  the  superior  court  for  an  appraise- 
ment and  sale  thereof,  and  have  the  surplus  applied  in  satisfaction  of  his  Judgment. 
Upon  the  death  of  either  husband  or  wife  the  homestead,  If  selected  from  the  community 
property,  vests  In  the  survivor,  subject  to  the  same  exemptions  from  forced  sale.  The 
homestead  can  he  abandoned  only  by  a  declaration  of  abandonment  or  a  grant  executed 
and  acknowledged  by  both  husband  and  wife  and  tiled  for  record  In  the  recorder's  office. 
If  no  hoi ,,'  -dor  recorded  in  the  lite  time  of  the  husband,  the  superior  court 

may  -  rl  from  his  estate  for  the  use  of  the  family,  discharged  of  any  claim  of  his 

creditors. 

Makkiki)  Wumks',  Rights  or.— -A  married  woman  may  hold,  convey,  and  devise 
real  and  personal  estate  ;i<  freely  as  if  unmarried,  save  that  a  conveyance  by  a  married 
woman  Is  Inoperative  unless  acknowledged  byher.  She  may  enter  Into  any  engage- 
ment or  transact  ion  respecting  property  which  she  might  if  unmarried,  but  the  property 
of  the  community  is  not  liable  for  any  of  her  contracts  unless  secured  by  a  pledge  or 
mortgage  thereof  executed  by  her  husband,  she  Is  personally  liable  upon  such  contract 
and  may  be  Bued  thereon,  and  her  separate  property  maybe  taken  to  satisfy  a  Judgment 
thereon.  Her  busband  must  be  Joined  with  her  when  she  is  sued  except  when  she  is 
living  separate  and  apart  from  him,  by  reason  of  his  desertion  of  her  or  their  agreement 
to  live  separate.    She  may  sue  without  Joining   him    when    the  action  concerns   her 

tte  property  or  her  right  or  claim  to  the  homestead  property.  Her  earn- 
ings are  not  liable  for  the  debts  of  her  husband,  and  her  earnings  received  while 
she  is  living  separate  from  him  are  her  separate  property.  Her  separate  property  is 
liable  for  her  debts,  whether  contracted  before  or  after  her  marriage,  but  Is  not  liable) 
for  the  debts  of  her  husband.  The  separate  property  of  the  husband  is  not  liable  for  her 
debts  contracted  before  the  marriage.    No  estate  is  allowed  the  husband  as  tenant  by 

r,  nor  is  any  estate  in  dower  allotted  to  the  wife.    (C.  C.  \  17.'..) 
All  property,  both  real  and  personal,  of  the  wife,  owned  by  her  before  marriage,  and 
all  that  sh>-  may  acquire  afterwards  by  gift,  bequest,  devise,  or  descent,  with  the  reni 

iii'l  profits  1  hereof,  shall  be  her  separate  pn  iperty,  and  may  be  sold,©  mveyed,  mort- 
gaged, Incumbered,  or  assigned  by  her  without  the  husband's  consent.    (C.  C. 

All  property  acquired  alter  marriage  by  either  husband  or  wife,  except  such  as 
i  he  acquired  by  gift,  bequest,  devise,  or  descent,  shall  be  common  property.  (C.  C. 
6  MB.) 

The  hushand  has  the  entire  management,  with  absolute  power  of  disposition,  other 
than  testamentary,  of  the  community  property,  except  thai  be  cannot  dispose  of  it  with 
a  view  to  defraud  the  wife  of  her  interest  therein.  The  wife  need  not  join  In  any  conveyance 

of  the  community  property  made  by  the  hushand,  but  upon    t ho  death  of  the    husband 

one-half  of  the  community  property,  after  payment  of  debts  and 
>  ses  of  administration.    In  case  of  divorce,  the  common  property  shall  be  equally 

divided  between  the  husband  and  wife  except  when  the  divorce  Is  granted  on  the  ground 

of  adultery  or  extreme  cruelty,  in  which  case  the  court  apportions  the  propertv  in  its 
•ion. 
Property  conveyed  to  the  wife  during  marriage  fora  valuable  consideration  is  pre- 
sto belong  to  the  community   and  to  he  disposable  by  the  husband  alone;  but  it 

i  to  have  been  acquired  with  the  separate  estate  of  the  wife  or  to  have  been 

to  her  from  the  husband.  The  husband  can  convey  property  directly  to  his  wife 
either  by  way  of  gift  or  in  bargain  and  sale    (C.  0.  §  1 147, 172.) 

busband  and  wife  may  make  contract  sand  conveyances  respecting  property  Inter 
.  hi.  -et  only  to  the  general  rule  as  to  contracts  between  parties  occupying  confiden- 
tial n 

A  busband  and  wife  may  hold  property  as  Joint  tenants,  tenants  in  common,  or  as 
community  property.    (C.  C.  j!  nil.) 

i  woman  may  transact  business  as  a  feme  tote  upon  obtaining  leave  of  the 
com--.  .  and  due  proceedings  under  the  law. 

Women  arrive  at  majority  at  the  age  ol  eighteen  yean,  if  a  woman  marries  before 
arriving  a1  majority  the  authority  of  a  guardian  of  her  person  ceases,  but  not  that  of 
t  be  guardian  or  I  ■ 

a  married  woman  may  be  the  executrix-  of  a  will,    she  cannot  be  appointed  admin* 
•  tte.    it' unmarried  at  the  time  of  ber  appointment  her  authority  >■■ 
npon  her  marriage.     V  married  woman  may  dispose  of  her  estate  by  will  without 
■  1"  her  husband. 
^i '  ■  n  \  ■-  ry  person  performing  labor  upon,  or  furnishing  materials  to 

i  :  tructlon,  repairing,  or  altering  any  structure,  has  a  lien  on  the  same 

I  i  be  land,  or  the  owner's  Interest  therein,  is  also  subject  to  the  lien,  and 

irlginal  contractor  within  Blxtydays  from  the  time  of  completing  his  contract, 
within  thirty  days,  must  file  with  the  county  recorder  a  claim 
stating  his  demand,  the  owner  of  the  property,  employer,  and  the  property  on  which 


MATTHEWS'S    GUIDE.  21 

the  lion  is  claimed,  and  suit  must  be  brought  within  ninety  days  from  the  date  of  Aline 
the  claim.  a 

Mortgages.— Mortgages  are  executed  and  acknowledged  in  the  same  manner  aa 
deeds,  and  do  not  require  the  signature  of  the  wife,  unlesss  the  property  about  to  be 
mortgaged  is  the  homestead,  or  property  in  which  the  wife  has  an  interest.  Mortgages 
with  a  power  of  sale  are  unusual  in  this  State.  A  mortgage  is  but  a  lien  and  does  not 
confer  upon  the  mortgagee  the  right  to  possession  of  the  property  mortgaged. 

A  mortgage  can  be  renewed  or  extended  only  with  the  same  formalities  by  which  it 
can  be  created.  Mortgages  are  foreclosed  only  by  proceedings  in  equity,  in  which  all 
parties  having  interests  in  the  property  must  be  made  parties. 

The  same  right  of  redemption  after  a  sale  under  decree  of  foreclosure  exists  as  in  the 
case  of  sales  under  execution. 

Mortgages  are  discharged  by  a  satisfaction  piece  duly  proved  or  acknowledged  and 
recorded;  or  by  an  entry  of  satisfaction  on  the  margin  of  the  record,  signed  bv  the 
mortgagee  and  witnessed  by  the  recorder.  Wife  need  not  join  unless  she  be  named  as 
mortgagee. 

.  Wii'LS.— Every  person  over  the  age  of  eighteen  years,  of  sound  mind,  may,  by  last 
will,  dispose  of  all  his  or  her  estate,  real  and  personal,  but  no  estate  shall  be  bequeathed 
or  devised  to  any  charitable  or  benevolent  society  or  corporation,  or  in  trust  for  char- 
itable uses,  unless  by  will  executed  at  least  thirty  days  before  the  death  of  the  testator, 
and  the  amount  of  all  charitable  devises  or  bequests  shall  not  exceed  one-third  of  the 
estate  of  the  testator  leaving  legal  heirs.    (C.  C.  1 1313.) 

Any  married  woman  may  dispose  of  all  her  separate  estate  by  will,  absolutely  without 
the  consent  of  her  husband ;  but  said  will  is  to  be  attested  and  proven  as  other  wills 

No  will  other  than  an  olographic  will  and  a  nuncupative  will  shall  be  valid  unless  it 
be  in  writing,  subscribed  at  the  end  thereof  by  the  testator  or  some  person  in  his  pres- 
ence, and  by  his  express  direction,  and  attested  by  two  or  more  witnesses  subscribing 
t^e^r  names  to  tne  win  in  tne  presence  of  the  testator  and  in  the  presence  of  each  other. 
(C.  C.  §  1276.) 

No  nuncupative  will  shall  be  good  when  the  estate  bequeathed  exceeds  the  value  of 
one  thousand  dollars,  nor  unless  the  same  be  proved  by  two  witnesses  who  were  present 
at  the  making  thereof,  nor  unless  it  be  proved  that  the  testator,  at  the  time  of  pro- 
nouncing the  same,  did  bid  some  one  present  to  bear  witness  that  such  was  his  will,  or 
to  that  effect,  nor  unless  it  was  made  at  a  time  when  the  decedent  was  in  actual  mili- 
tary service  in  the  field,  or  doing  duty  on  shipboard  at  sea,  and  in  either  case  in  actual 
contemplation,  fear,  or  peril  of  death ;  or  the  decedent  must  have  been  at  the  time 
in  expectation  of  immediate  death  from  an  injury  received  the  same  day.  (C.  C. 
§  1289.) 

A  nuncupative  will  must  be  reduced  to  writing  within  thirty  days,  and  offered  for 
proof  within  six  months  after  the  same  was  uttered,  nor  can  probate  thereof  be  granted 
for  fourteen  days  after  the  death  of  the  testator.    (C.  C.  §  1290.) 

An  olographic  will  is  one  that  is  entirely  written,  dated,  and  signed  by  the  hand  of 
the  testator  himself,  either  in  or  outof  this  State,  and  need  not  be  witnessed.    (C.  C.  ?  1277.) 

A  mutual  will  is  valid,  but  may  be  revoked  by  either  of  the  testators.  A  will  may 
provide  for  its  conditional  validity,  and  will  be  denied  probate  if  the  conditions  do  not 
exist. 

If  after  making  a  will  the  testator  marries  and  his  wife  survives  him,  the  will  is  re- 
voked unless  she  is  provided  for  therein  or  it  is  apparent  therefrom  that  it  was  his  inten- 
tion not  to  make  provision  for  her.  A  will  executed  by  an  unmarried  woman  is  revoked 
by  her  marriage  and  is  not  revived  by  the  death  of  her  husband.  If  a  child  be  born  to 
the  testator  after  the  making  of  his  will  and  is  not  mentioned  in  his  will  or  provided  for 
therein  or  by  any  settlement,  or  if  the  testator  omit  to  provide  for  any  child  or  the  issue 
of  any  deceased  child,  unless  it  appears  that  such  omission  was  intentional,  such  child  or 
issue  has  the  same  share  of  the  estate  of  the  testator  as  though  he  had  died  intestate, 
unless  the  testator  had  in  his  life-time  bestowed  upon  them  an  equal  proportion  of  his 
estate  by  way  of  advancement. 


COLORADO: 

A  Spanish  word  signifying  "  Red  "  or  "  Colored:''  Also  called  the 
"  Centennial  State  "  from  its  having  been  admitted  as  a  State  and 
casting  its  first  electoral  vote  in  the  centennial  year,  1876.  Formed 
out  of  territory  acquired  under  the  so-called  "  Louisiana  Purchase  "  in 
1803  from  France,  and  from  Mexico  February  28,  1848,  under  the 
treaty  of  Guadalupe  Hidalgo.  Explored  in  1540,  under  the  Spanish 
government  by  Vasques  Coronado ;  in  1806  by  Lieut.  Z.  M.  Pike, 
under  the  U.  S.  government ;  in  1820  by  Major  S.  H.  Long  ;  and  in 
1842-'44,  by  Lieut.  J.  C.  Fremont,  in  his  famous  expedition  across  the 
Rocky  Mountains.  Rapidly  settled  in  1858-'59  by  miners  upon  the 
discovery  of  gold  at  Pike's  Peak.     Organized  as  a  territory  by  the  act 


22  ma  minus's   liidi:. 

of  February  28,  1861,  and  finally  admitted  as  a  State  August  l.  lv7d. 

bv  proclamation  of  President  Grant,  under  the  provisions  of  the  actof 
!i  3,  ls7">. 

Area  :  In  square  miles,  104,500  ;  in  acres,  06.880,000. 

I  »• -river  is  the  capital ;  also  the  metropolis  and  railroad  center,  con- 
trolling the  trade  of  an  extensive  region.  An  assay  office  is  established 
here.  Population  (1880),  54,308.  Leadville  ranks  next  in  popula- 
tion:  in   L880  it  was   10,925.     Colorado  Springs:  population,  4,563. 

< Jounties,  42. 

Remarkable  for  its  mountain  scenery  and  "peaks,"  for  its  great 
mineral  wealth,  and  for  its  climate  so  favorable  to  consumptives. 

Temperature:  At  Denver,  in  winter,  '2^°  to  37°  ;  in  summer,  72°  to 
Rainfall  (chieflv  from  May  to  Julv),  15  to  20  inches. 

Population  of  State,  in  L880,  243,910. 

Agricvi.ti/kai.  Statistics  : 

No.  of  farms  (1880) :  4^06;  total  land  in  farms,  1.105,373  acres;  improved 
land  in  farms,  616,169  acres. 

Total  value  in  18S0  of  farm-.  $25,109,223. 

Farm  product — crop  of  1886:  Indiancorn:  Product,  938,000  bushels ;  area  in 
crop,  29,778  acres;  average  yield  i>or  acre,  31.5  bushels;  value  per  bushel,  50 
cent-;  total  valuation,  s-immno.  Wheat:  Product,  2,419,000  bushels;  area  in 
crop,  122^52  acres;  average  yield  per  acre,  19.8  bushels;  weight  per  bushel, 
59.5  pounds:  value  per  bushel,  70  cents ;  total  valuation,  $1,693,300.  Bye:  Pro- 
duct, 42,000  bushels ;  area  in  crop,  1.009  acres ;  a\  erage  yield  per  acre,  22  bush- 
els; value  per  bushel,  72  cents;  total  valuation,  $30,240.  Oats:  Product,  1^91,000 
bushels;  an -a  in  crop,  48,207  acres;  average  yield  per  acre,:;:;  bushels;  value 
per  bushel,  4i'  cents  ;  total  valuation,  1668,220.  Barley:  Product,  193,000  bush- 
els; ana  in  crop, 6,876  acres;  average  yield  per  acre,  28.1  bushels;  value  per 

bushel.  62  cent-:;  total  valuation.  $119,660. 

Potatoes:  Product,  631,000  bushels;  ana  in  crop,  8,096  acres;  average  yield 
per  acn-,  78  bushels  ;  value  per  bushel,  57  cents  ;  total  valuation,  $359,670. 

Hay:  Product,  11") ,oi)0  tons;  area  in  crop,  115,000  acres;  average  yield  per 
acre,  1  ton  ;  value  per  ton,  ^9.80 :  total  valuation,  $1,127,000. 

Total  area  in  above  crops,  332,018  acres. 

Total  valuation  of  crop.  $4,467,000. 

Wages  per  month  by  the  year:  Without  board,  $36;  with  board,  $23.    Day 
wa'_'e.-<  in  harvest:   Without  hoard.  $1.87;  with  board,  $1.35.    Day  wag 
ordinary  farm  labor:  Without  board,  $1.60;  with  board,  $1.12. 

Dairy  products  (1880):  Milk,  506,706  gallons ;  butter,  860,379  pounds ;  chi 
10.807  pounds. 

Farm  animals,  January  1, 1888:  Hones:  Number.  127,483 ;  average  price,  $58.34  ; 

value,  $7,437,086.    Mules:  Number,  8,247;  average  price, $92.12 ;  value.  $759,697. 

dlUch  cove:  Number.  63,023;  average  price, $37.21 ;  value,  $2,345,086.    Oxen  and 

cattle:  Number,  1,049,353;  average  price, $19.93 ;  value, $20,918,827.    Hogs: 

Komi  ':  average  price,  $6.54 ;  value,  $153,103. 

n.-    Number,  1,137,686;  average  price,  $1.98;  value,  $2,257,169. 

Wool  clip  1 1880  :  3,197,  891  pound-. 

•  tiu.s  (1880): 

No.  of  establisnmcnt-,  r>99;  capital.  >i.:;n.7il;  No.  of  hands  employed, 
5,074:  total  wages  paid  during  year.  $2,314,427;  valueof  materials, $8,806,762. 

N'alue  of  products:  Flouring  and  grist  mill,  $2,63 1,644;  lumber,  planed,  $1,276.- 
ihk);  lumber,  sawed,  $1,051,295;  foundry  ana  machine  Bhops,  $1,037,522 ;  brick 

Ud    tile,   I  iash,   dOOr,  and    blinds,  $580,000 j   bread  and   other  bakery, 

$">7 },")">•_';  carnage  and  wagon,  $475,000;  liquor,  malt,  $418,902;  saddlery  ana 


MATTilKWs's    GUIDE.  23 

harness,  6320,850;  printing  and  publishing,  $307,500;  slaughtering  and  meat 
packing,  §1,082,090;  all  other  industries,  $3,990,170. 
Total  value  of  manufacturing  product,  $14,260,159. 

Mine  Statistics — 1880: 

Gold:  Product,  130,007.0  ounces;  value,  $2,699,898.  Silver:  Product,  12,800,- 
119.S  ounces ;  value,  $16,549,274. 

Total  value  of  precious  metal  product,  $19,249,172. 

Bituminous  Coal:  Product  462,747  tons;  value,  $1,041,350.  Copper  ingot« : 
Product,  1 ,578  pounds.  Coal  deposits  along  the  eastern  border  of  the  Rocky 
Mountains. 

Quaries :  Sandstone  and  crystalline  silicious  rocks  (1880) :  No.  of  establish- 
ments, 6 ;  capital  $13,500 ;  product  062,790  cubic  feet ;  value,  $50,400. 

Total  assessed  valuation  in  1880  of  real  estate  and  personal  property,  $74,- 
471.093. 

Railroads,  June  30,  1887 :  Mileage,  3,013.52 ;  total  tracks,  3,233.39 ;  locomo- 
tives, 377  ;  total  revenue  cars,  10,184. 

Presidential,  congressional,  and  State  elections  Tuesday  after  first 
Monday  in  November ;  senators,  26 — representatives,  49  ;  biennial 
sessions  of  legislature  in  odd  numbered  years,  meeting  first  Monday 
in  January ;  limit  of  session,  40  days ;  term  of  senators,  4  years — 
of  representatives.  2  years. 

Electoral  college,  3. 

Excellent  public  school  system  well  supported.  School  age,  6-21 ; 
school  population,  40,208.  State  university  at  Boulder ;  school  of 
mines  at  Garden  City  ;  agricultural  college  at  Ft.  Collins. 

Legal  interest  rate,  10  per  cent. ;  any  rate  by  contract. 

State  Laws  in  Relation  to  Deeds,  Dower,  Descent  and  Distribution  op 
Property,  Married  Women,  Mechanics'  Liens,  Mortgages,  and  Wills. 

Deeds.— Acknowledgments  of  deeds  executed  in  this  State  may  be  taken  before  any 
judge  of  the  supreme  or  district  courts ;  before  any  clerk  or  deputy  clerk  of  such  courts ; 
or  before  the  county  judge  of  any  county,  such  county  judge  and  such  clerks  severally 
certifying  said  acknowledgment  under  the  seal  of  their  respective  courts;  or  before  the 
clerk  or  recorder  of  any  county  or  his  deputy  under  the  seal  of  such  county ;  or  before 
any  notary  public  under  his  official  seal ;  or  before  any  j  ustice  of  the  peace  in  his  county, 
provided  that  if  the  conveyance  be  of  lands  situated  out  of  the  county  of  such  justice, 
his  official  character  and  signature  shall  be  certified  to  by  the  clerk  and  recorder  of  the 
countv  of  said  justice,  under  his  hand  and  the  seal  of  the  county.  The  official  certificates 
of  notaries  appointed  after  July  2, 1887,  shall  designate  the  date  of  the  expiration  of  their 
commissions.  . 

When  executed  out-side  of  this  State,  and  within  the  United  States,  or  the  Territories 
thereof,  before  the  secretary  of  any  suoh  State  or  Territory,  certified  by  him  under  the 
seal  of  such  State  or  Territory ;  beiore  the  clerk  of  any  court  of  record  of  such  Stale  or 
Territory,  or  of  the  United  States,  within  such  State  or  Territory,  having  a  seal,  such 
clerk  certifying  the  same  under  the  seal  of  such  court;  before  a  notary  public  of  such 
State  or  Territory,  he  certifying  the  same  under  his  notarial  seal ;  before  any  other  officer 
authorized  by  the  laws  of  any  such  State  or  Territory  to  take  and  certify  such  acknowl- 
edgment; provided,  there  shall  be  affixed  to  the  certificate  of  such  officer,  other  than 
those  above  enumerated,  a  certificate  by  the  clerk  of  some  court  of  record  of  the  county, 
city,  or  district  wherein  such  officer  resides,  under  the  seal  of  such  court,  that  the  person 
certifying  such  acknowledgment  is  the  officer  he  assumes  to  be,  that  he  has  authority 
by  the  laws  of  such  State  or  Territory  to  take  and  certify  such  acknowledgment,  and 
that  the  signature  of  such  officer  to  the  certificate  of  acknowledgment  is  the  true  signa- 
ture of  such  officer;  or  before  any  commissioner  of  deeds  for  such  foreign  State  or  Terri- 
tory appointed  under  the  laws  of  this  State,  certified  under  the  hand  and  official  seal  of 
such  commissioner.  , 

When  executed  out  of  the  United  States,  before  any  court  of  record  having  a  seal,  the 
jud?e  or  justice  of  such  court  certifying  the  acknowledgment  to  have  been  made  before 
such  court,  under  the  seal  of  such  court ;  bejore  the  mayor  or  other  chief  officer  of  any 
city  or  town  havinsr  a  seal,  certified  under  such  seal  by  such  mayor  or  other  officer  or  beiore 
any  consul  of  the  United  States  within  such  foreign  country,  certified  by  him  under  the 
seal  of  his  consulate. 


24  mattpewb's  glide. 

Ail  deeds  or  instruments  of  writing  heretofore  or  hereafter  purporting  to  have  been 
executed  before  a  notary  public  of  any  other  Mate  or  Territory  shall  prima  facie  be 
deem  een  executed  before  proper  officers. 

Witnesses  are  not  required.    Seals  are  abolished,    see  Married  Women. 
Ti.  — They  vary  In  terms  but  all  convey  the  property  to  a  third  party  as 

trustee  for  the  u-  •  d  holder  of  the  note  to  secure  which  the  trust  deed  1-  ^iven 

to  the  tin -tee  on  defttult  of  the  paymentof  the  note  or  inter- 
.ui:-  and  conditions  In  the  deed,  upon  advertisement  (usually  thirty  days) 
in  a  i.  ol  the  county.    Theeesftri  que  trust  may  buy  in  at  the  sale,  and  the  pur- 

is  not  required  t>>  see  to  the  application  of  the  purchase-money.   They  are  used 
•  entirely  Lnstead  of  mortg 
I 'i-i  i  n  r  and  Disn:ii;ri  ion  of  Pkoperty.— Dower  and  tenacy  by  curtesy  are  abol- 
ish..:, te  of  an  intestate  decends  to  the  surviving  wife  or  husband,  where  no 
children  or  descendants  of  children  are  left  by  such  intestate:  but  In  case  a  child,  chil- 
dren, or  di  of  such  children,  then  one-half  of  the  estate  goes  to  the  surviving 
wife  "r  hu-band,  and  the  other  half  to  such  child,  children,  or  descendants  of  children, 
.  to  tii.-  pavment  of  debts  of  deceased, 
sept  as  above  enumerated,  Buch  estate  descends  as  follows:    1st.  To  the  surviving 
children  and  descendants  of  children  who  are  dead,  such  descendants,  collectively,  tak- 
ing the  -hart-  which  their  parent  would  have  taken  if  living.     I'd.  If  there  he  no  children, 
nor  their  descendants,  then  to  the  father;  if  there  be  no  lather,  then  to  the  mother;  if 
there  be  no  mother,  then  to  the  brothers  and  Bisters,  and  to  the  descendants  of  brothers 
-  who  are  dead,  the  descendant-,  collectively,  taking  the  -hare  of  their  imme- 
diate ancestors  in  equal  parts.    Sd.  If  none  of  the  relatives  above  enumerated  be  living, 
then  to  the  grandfather,  grandmother,  uncles,  aunt-,  and  then-  descendants,  the  descen- 
dants taking,  collectively,  the  share  of  their  immediate  -.in  equal  parts,    lib. 
If  none  of  the  above  enumerated  relatives  be  living,  then  to  the  nearest  lineal  anci 
and  their  descendants,  the  descendants,  collectively,  taking  the  share  of  their  immediate 
ancestors  in  equal  put-. 

I  humous  children  shall  inherit  in  like  manner  as  if  born  in  lifetime  of  intestate ; 

children  and  descendants  of  children  of  the  half  blood  shall    inherit    the  same  as 

those  •'(  whole  blood;  collateral  relatives  of  half  blood  shall  Inherit  only  half  the 

ure  of  collateral  relatives  of  the  whole  blood.    Illegitimate  children  .-hall  inherit  the  same 

—  ■  born  in  wedlock,  if  the  parents  subsequently  intermarry,  and  such  children  be 

led  he  tie-  lather  to  be  his. 

Divorce  of  husband  and  wife  do  not  affect  the  right  of  children  previously  begotten 
to  inherit  their  property.  If  the  decedent  leaves  a  widow  residing  in  this  state  she  is 
all.  .wed  to  retain  for  her  sole  use,  and  as  her  own  property,  one  bed  and  beddimr.  wear- 
ing apparel  for  herself  and  family,  one  ewe  and  calf,  her  saddle  and  bridle,  one  horse. 
bold  furniture  for  herself  and  family,  in  addition  to  the  amount  and  species  of 
property  that  by  law  is  exempt  from  execution.  If  she  so  elects,  the  widow  may  take 
th'-  value  of  the  above  described  property  in  money  instead  of  in  kind.  What  shall 
Itute  the  widow's  allowance  as  to  quality  and  value  depends  upon  h.r  condition 
in  life,  and  is  determined  by  appraisers  appointed  by  the  court  for  that  purpose. 

1  "'..ik. —Dower  Is  abolished. 

Kxi  MiTioNs. — Every  householder,  being  the  head  of  a  family,  is  entitled  to  a  liome- 
ofthe  value  of  two  thousand  dollars  exempt  from  execution  and  attachment  while 
Buch  homestead  is  occupied  by  the  owner  or  his  or  her  family.  Entry  of  homestead  is 
made  by  writing  the  word  "homestead"  on  the  margin  of  the  recorded  title  thereof, at- 
tested by  the  recorder  with  date  of  entry.  There  is  also  exempt  from  execution  and  at- 
tachment the  necessary  wearing  apparel  of  every  person,  and  the  following  property  of 

a  person  being  the  head  of  a  family:  Family  pictures,  school  books,  and  library,  a  seat 
or  pew  in  any  bouse  Of  public  worship,  the  sites  of  burial  for  the  dead,  all  wearing  apparel 
ol  the  debtor  and  his  family,  all  beds,  bedsteads,  and  bedding,  kept  and  used  for  the 
debtor  and  bis  familv,  all  stoves  and  appendages  kept  for  the  use  of  the  debtor  and  his 
family,  all  cooking  utensils,  and  all  the  household  furniture  not  above  enumerated  not 

ling  one  hundred  dollars  in  value,  the  provisions  for  the  debtor  and  his  family 
:or  six  month-,  and  fuel  necessary  for  six  months.    The  tools  and  Implements 

ck  In  trade  of  any  mechanic,  miner,  or  other  nerson  not  exceeding  two  hundred 
dollars  in  value,  the  library  and  implements  of  any  professional  man  not  exceeding 
three  hundred  dollars  in  value,  working  animals  of  any  person  to  the  value  of  two 
hundr.-d  dollars  one  cow  and  calf,  ten  sheep,  and  food  for  same  for  six  months,  one  farm 
wagon,  cart  or  dray,  one  plow,  one  harrow  and  other  (arming  Implements,  including 
harness  and  tackle  for  team  not  exceeding  fifty  dollars  in  value,  if  the  head  of  the  fam- 
ily dies  the  family  Is  entitled  to  the  exemption.  There  is  also  exempt  from  levy  on  ex- 
ecution, attachment,  or  garnishment  the  earnings  of  the  head  of  a  family  or  of  ti 
Of  the  head  of  a  family,  when  such  family  is  dependent  in  whole  or  in  part  upon  SUCb 
earnings,  for  thirty  days  preeeding  such  levy  not  exceeding  one  hundred  dollars  in 
amount.     This  last  provision  applies  onlv  to  debts  incurred  after  March  28,  U 

Pension  money  received  from  the  united  states  Is  exempt  from  all  legal  pro 
whether  iii  the  actual  possession  of  the  pensioner,  deposited,  or  loaned,  and  whether  the 
mer  be  the  head  ofa  family  or  not.    This  exemption  runs  to  the  pensioner's  wife 
and  children,  or  i-it  tor  of  them,  Ln  ease  of  hi-  death  or  absconding. 

M\i:i:u:ij  WOKDI.     A    married   woman    may  transact  business  the  same  as    If  sole  ; 

e  of  her  personal  and  real  estate,  or  make  any  contract  In  relation  to  the 

same  without  her  husband's  consent,  and  may  sue  and  be  sued  as  If  sole,  and  may  con- 
r  real  estate  without  bat  husband's  Joining  in  the  deed  with  her;  and  h.r  a>  knOW- 
■  nt  to  such  deed  may  be  taken  in  the  sam.-  manner  a-  h.r  husband's.    Executions 

may  Issue  against  her  property  on  judgments  obtained  against  her. 


MATTHEWS'S    GUIDE.  25 

Her  separate  property  acquired  by  her,  or  left  to  her  by  will  before  or  after  marriage, 
Is  not  bound  for  her  husband's  debts,  she  can  make  contracts  in  her  own  name,  buy 
goods,  Rive  notes  in  settlement  of  purchases,  and  do  any  business  the  same  as  if  sole, 
and  bind  her  own  separate  property  real  and  personal. 

A  married  woman  may  sue  and  be  sued  in  all  matters  as  if  she  were  sole.  A  female  may 
marry  at  the  age  of  eighteen  without  the  consent  of  parents  or  guardian.  She  may 
choose  her  own  guardian  at  the  age  of  fourteen  years.  Until  her  majority  her  custody 
and  education  may  be  disposed  of  by  will.  The  minority  of  females  ceases  at  the  age  of 
eighteen  years  for  all  purposes. 

Mechanics'  Liens.— A  lien  is  allowed  on  personal  property  to  the  person  making,  al- 
ii ring,  or  repairing  the  same,  and  if  it  is  not  paid  in  ninety  days  after  the  work  is  done, 
it  may  be  appraised  and  sold.  Any  person  performing  work,  or  furnishing  materials  on 
any  building  by  virtue  of  a  contract,  has  a  lien  on  the  same,  and  he  must,  within  sixty 
days  if  an  original  contractor,  or  forty  days  if  a  sub-eontractor,  file  a  statement  in  the 
county  recorder's  office  containing  a  notice  that  he  claims  such  lien,  a  description  of  the 
property,  and  an  abstract  of  the  indebtedness,  and  the  action  to  enforce  the  lien  must 
be  brought  within  six  months  after  filing  such  notice. 

Mortgages.— Trust  deeds  with  power  of  sale  to  the  trustee  are  generally  in  use.  Mort- 
gages may  be  released  by  entry  of  satisfaction  or  receipt  on  margin  of  record.  Mort- 
gages are  foreclosed  by  suit  brought  for  that  purpose. 

wills.— Every  person  twenty-one  years  of  age,  if  a  male,  and  eighteen  years  of  age, 
if  a  female,  being  of  sound  mind  and  memory,  may  dispose  of  all  his  or  her  property, 
real  and  personal,  by  will,  and  all  persons  of  the  age  of  seventeen  years  may  dispose  by 
will  of  all  their  personal  estate,  except  that  a  married  woman  shall  not,  without  the  con- 
Bent  of  her  husband  in  writing,  bequeath  away  from  him  m'ore  than  one-half  of  her  real 
and  personal  property,  and  if  the  husband  deprives  the  wife  of  over  one-half  of  his  property 
by  will,  she  shall  be  allowed  either  to  accept  the  conditions  of  the  will  or  one-half  the 
property,  as  she  sees  fit. 

All  wills  devising  lands,  tenements,  hereditaments,  annuities,  or  rents  must  be  re- 
duced to  writing  and  signed  by  the  testator  or  testatrix,  or  by  some  one  in  his  or  her 
presence,  and  by  his  or  her  direction,  and  attested  by  two  or  more  credible  witnesses,  in 
the  presence  of  such  testator  or  testatrix.  Wills  are  recorded  in  the  county  courts  out 
of  which  letters  testamentary  or  of  administration  issued,  and  also  with  the  recorder  of 
each  county  in  which  the  decedent  owned  real  estate.  A  nuncupative  will  made  and 
declared  in  the  last  sickness  of  the  testator,  in  the  presence  of  two  witnesses  called  by 
him  to  attest  the  same,  and  by  them  reduced  to  writing  within  a  reasonable  time,  and 
properly  proved,  shall  be  good  for  the  devising  of  personal  estate.  A  devise  or  bequest 
made  in  a  will  to  a  witness  thereto  is  void  as  to  such  witness,  unless  there  are  a  sufficient 
number  of  witnesses  other  than  the  one  to  whom  the  bequest  or  devise  is  made.  No 
will,  other  than  a  nuncupative  will,  shall  be  revoked  except  by  burning,  tearing,  or  ob- 
literating the  same  by  the  testator  himself,  or  in  his  presence,  by  his  direction  and  con- 
sent, or  by  another  will  or  codicil  in  writing,  declaring  the  same,  signed  by  the  testator 
in  the  presence  of  two  or  more  witnesses,  and  by  them  attested  in  his  presence.  No  will 
executed  in  due  form  of  law  can  be  revoked  or  annulled  by  word  spoken. 


DAKOTA : 

So  named  after  the  Dakota  tribe  of  Indians — the  common  name  of 
the  confederated  Sioux  tribes,  and  signifies  "  Leagued."  White  set- 
tlements made  by  Lord  Selkirk  as  early  as  1812  at  Pembina ;  first 
permanent  white  settlements  made  in  1859.  Formed  out  the  so-called 
u  Lousiana  Purchase  "  ceded  to  the  United  States  in  1803  by  Prance, 
and  organized  as  a  territory  March  2,  1861. 

Area :  In  square  miles,  150,932  ;  in  acres,  96,596,480.  Average 
length,  450  miles ;  breadth,  350  miles.  General  elevation  from  1,000 
to  2,000  feet.  Frontage  on  Red  River  of  the  North  250  miles.  Mis- 
souri river  navigable  throughout  the  State.  The  Cheyenne,  Grand, 
White,  Dakota  or  James,  and  Sioux  or  Moose  rivers  intersect  the 
Territory.  Valleys  fertile  and  productive,  well  watered  by  the  above 
streams  and  dotted  with  fine  lakes.  The  highest  peak  of  the  Black 
Hills  (the  Laramie)  rises  8,000  feet  above  the  sea.  A  wide  belt  of 
prairie  encircles  the  great  mineral  heart  of  the  Black  Hills. 

Counties,  100. 

Bismarck,  situated  on  east  bank  of  the  Missouri,  is  the  capital  city 
and  an  important  business  center :  population  in  1880,  3,200.    Yank- 


26  ma  i  i  ii  r\\  -'-   ..i  ii«  r. 

the  chief  city  of  southern  Dakota:  population,  3,500.  Fargo 
an  enterprising  city:  population,  8,201.  Dead  wood:  population, 
•"..77v.     Grand  Forks:  population,  4,692. 

Temperature:  At  Bismarck,  in  winter,  4°  to  27°  ;  in  summer.  63° 
.  .  Rainfall  at  Ft.  Randall,  17  inches,  chiefly  in  the  spring  and 
summer. 

Climate  dry  and  equable. 

Population  (territorial  census  of  1885),  415,610,  and  estimated  June 
30,  1886,  at  500,000.     Immigration  heavy  and  increasing. 

Agricultural  Statistics  : 

No.  of  farms  (1880):  17,435;  tot"1  'and  in  farms,  3,830,650;  improved  land 
in  farms,  1,150,413. 

Total  value  of  farm?,  $22,401,084. 

Farm  products — crop  of  1886 :  Indian  corn :  Product,  15,805,000  bushela  ; 
area  in  crop,  662,625  acres ;  average  yield  per  acre,  23.9  bushels ;  value  per 
bushel,  37  cents ;  total  valuation,  $5,847,850.  Wheat :  Product,  30,704,000  bush- 
els ;  area  in  crop,  2,675,350  acres  ;  average  yield  per  acre.  11.5  bushela  ;  weight 
per  bushel,  58.2  pounds ;  value  per  bushel,  52  cents ;  total  valuation,  $15,966,- 
080.  Rye:  Product,  67,000  bushels;  area  in  crop,  5,145  acres;  average  yield 
per  acre,  13  bushels  ;  value  per  bushel,  42  cents ;  total  valuation,  $28,140.  Oats  : 
Product,  20,651,000  bushels  ;  area  in  crop,  825,600  acres ;  average  yield  per  acre, 
25  bushels;  value  per  bushel,  30  cents;  total  valuation,  $6,195,300.  Barley: 
Product,  1,232,000  bushels  ;  area  in  crop,  56,000  acres ;  average  yield  per  acre,  22 
bushels ;  value  per  bushel,  38  cents ;  total  valuation,  $468,160. 

Potatoes :  Product,  3,042,000  bushels  ;  area  in  crop,  46,800  acres ;  average  yield 
per  acre.  66  bushels ;  value  per  bushel,  5S  cents ;  total  valuation,  $1,764,360. 

Hay:  Product,  385,000  tons;  area  in  crop,  275,000  acres;  average  yield  per 
acre,  1.40  ton  ;  value  per  ton,  £4.25 ;  total  valuation,  $1,636,250. 

Total  area  in  crop,  4,546,520  acres. 

Total  valuation  of  crop,  $31,906,140. 

Wages  of  farm  labor  per  month  by  tbe  year :  "Without  board,  $25.85  ;  with 
board,  $18.21.  Day  wages  in  harvest:  Without  board,  $2.12 ;  with  board,  $1.64. 
Day  wages  of  ordinary  farm  labor:   Without  board,  $1.35 ;  with  board,  $1.10. 

Greatc-t  wheat  growing  section  in  United  States. 

Farm  animals  (January  1,1888):  Horses:  Number,  247,459 ;  average  price,  $76.21 ; 

value, $18,858,156.    Mules:  Number,  12,323 ;  average  price, $97.89  ;  value, $1,206,- 

MUch  com :  Number,  223,418 ;  average  price,  $21.67 ;  value,  $4,841,468.    Oxen 

Number,  767,809  ;  average  price,  $21.73  ;  value  $16,687,171.   Hogs  r 

Number,  633,970 ;  average  price,  $5.94;  value,  $3,173,918. 

Slieq>:  Number,  209,019;  average  price,  $2.60  ;  value,  $700,526. 

k  raising  an  industry  of  grand  importance.  Value  of  live  stock  January 
1.  1887,  $42,828,338.  Annual  average  increase  for  seven  years  in  value  of  live 
stock,  $5,000,000.  Rich  native  grasses  grow  luxuriantly,  and  the  crop  is  a  never 
failing  one.  Grasses  retain  their  richness  throughout  the  year,  even  when  un- 
-ut.    Herds  free  from  disc 

Dairy  products  of  1885:  Butter,  10,804,260  pounds;  cheese,  116,557  pounds; 
milk,  1,860,368  gallons.  Increase  of  milch  cows  on  farm  in  1885-  500  per  cent. 
over  1880. 

ILunnrAoruBn  (1880): 

Wo.  of  establishments,  251 ;  capital,  $771,428  :  average  No.  of  hands  employed, 
B80j  annual  wages  paid.  $889,875;  value  of  materials,  $1,523,761. 

Valu<-  of  productB:  Flouring  and  grist  mill,  $1,040,958;  sawed  lumber,  $435,- 

all  oth.r  in. lu-trie-,  $897,220. 
Total  value  of  products  ol  manufactures,  $2,373,970. 
>d.     l>ahor  strikes  unknown. 


MATTHEWS'S'  GUIDE.  27 

Deposits  of  petroleum,  coal,  salt,  tin,  iron,  copper,  lead,  marble,  gran- 
ite, mica,  asbestos,  potter's  clay,  with  the  precious  metals,  have  been 
discovered,  some  of  them  in  considerable  quantities.  Product  of  the 
precious  metals  in  1886,  $33,770,000. 

The  Black  Hills  produce  all  the  gold  and  silver  mined  in  the  Terri- 
tory. 

Whole  country  west  of  the  Missouri  river  and  large  part  of  north- 
ern Dakota  underlaid  with  a  deposit  of  lignite  coal  in  veins  18  feet 
thick. 

Forest  area  of  territory  estimated  at  3,000,000  acres :  yellow  or 
Norway  pine,  black  and  white  spruce,  burr  oak,  white  elm,  aspen, 
white  birch,  ash,  and  juniper.  About  8,000  square  miles  of  Black 
Hills  covered  with  timber  of  merchantable  qualities ;  more  than  20,- 
000,000  feet  of  pine  logs  annually  manufactured  into  lumber ;  none 
exported.     Other  sections  prolific  in  forests. 

Total  assessment  of  property  in  1887,  $157,084,356.99. 

Total  railroad  mileage,  owned  and  operated,  January  1, 1887,  3,491. 
Nine  steamboats  engaged  in  river  traffic,  handling  annually  upwards 
of  16,000,000  pounds  of  freight. 

School  system  and  number  of  schools  and  institutions  of  education 
unsurpassed. 

Territorial  and  congressional  elections  Tuesday  after  first  Monday 
in  November ;  senators,  12 — representatives,  24  ;  sessions  biennial  in 
odd  numbered  years,  meeting  second  Tuesday  in  January  ;  sessions 
limited  to  60  days ;  term  of  senators  and  representatives,  2  years 
each. 

Legal  interest  rate,  7  per  cent. ;  by  contract,  12. 

State  Laws  in  Relation  to  Deeds,  Dower.  Descent  and  Distribution  op  Prop- 
erty, Married  Women,  Mechanics'  Liens,  Mortgages,  and  Wills. 

Deeds— May  be  made  by  husband  to  wife,  or  wife  to  husband.    The  wife  need  not 

ioin  in  a  conveyance  of  land  belonging  to  her  husband,  nor  is  it  necessary  that  the 
msband  shall  join  in  conveyance  of  land  belonging  to  his  wife;  except  homesteads, 
in  which  case,  if  the  owner  is  married,  and  both  husband  and  wife  are  residents  of  the 
Territory,  both  must  concur  in  and  sign  the  same  joint  instrument. 

An  estate  in  real  property,  other  than  an  estate  at  will,  or  for  a  term  not  exceeding  one 
year,  can  be  transferred  only  by  operation  of  law,  or  by  an  instrument  m  writing,  sub- 
scribed by  the  party  disposing  of  the  same,  or  by  his  agent  thereunto  authorized  by 
writing.  The  execution  of  a  grant  of  such  estate  in  real  property,  if  it  is  not  duly  ac- 
knowledged, must,  to  entitle  the  grant  to  be  recorded,  be  proved  by  a  subscribing  wit- 
ness or  as  otherwise  provided  by  law. 

Trttst  Deeds— Are  not  in  general  use  in  this  Territory. 

Descent.— Where  a  person  dies  intestate,  his  property,  except  the  homestead  ana 
certain  personal  property,  after  payment  of  debts,  and  expenses  of  administration, 
unless  limited  by  marriage  contract,  is  distributed  as  follows :  If  the  decedent  leaves  a 
surviving  husband  or  wife,  and  only  one  child,  in  equal  shares  to  each;  if  more  than 
one  child,  one  third  goes  to  the  surviving  husband  or  wife,  and  the  remainder  to  Ohe 
children  in  equal  shares.  The  children  of  the  deceased  child  take  by  right  of  representa- 
tion. If  the  decedent  leaves  no  children,  the  surviving  husband  or  wife  takes  one-half, 
and  the  other  half  goes  to  the  decedent's  father,  and  if  he  have  no  father  living,  then  in 
equal  shares  to  the  brothers  and  sisters  and  mother,  and  to  the  children  of  any  deceased 
brother  or  sister  bv  right  of  representation.  If  the  decedent  leaves  no  issue,  nor  husband 
nor  wife,  the  estate  goes  to  the  father;  and  if  there  be  no  father,  to  the  brothers  and  sis- 
ters and  mother,  as  aforesaid.  If  decedent  leaves  no  husband  wife,  father,  brothers  nor 
sisters  living,  the  estate  goes  to  his  mother,  to  the  exclusion  of  the  issue  of  any  decease.! 
brothers  or  sisters.  If  the  decedent  leaves  a  surviving  husband  or  wife,  and  no  issue, 
father,  mother,  brother,  nor  sister,  the  whole  estate  goes  to  the  surviving  husband  or 
wife.  If  the  decedent  leaves  none  of  the  aforementioned,  the  estate  goes  to  the  next  ot 
kin  in  equal  degree;  if  there  are  two  or  more  collateral  kindred  in  equal  degree,  but 
claiming  through  different  ancestors,  those  claiming  through  the  nearest  ancestors  must 


mai  rHEwe'a  guide. 

l;  and  if  a  surviving  child  dies  under  age  ami  unmarried,  his  share  goes  to 
others  and  Bisters,  and  to  the  children  of  deceased  brothers  and  e 

atlon.    If  the  decedent  leaves  no  husband,  wife,  nor  kindred,  the 

ichool  fond  of  the  Territory.    The  degrt  e  of  kindred  is  established 

by  the  number  of  generations,  and  each  generation  la  calfeda  degree.    Klndredoftha 

ii.ih  blood  Inherit  equally  with  those  of  the  whole  blood,  unless  the  Inheritance  came  to 

state  by  decent,  division,  or  t;iit  of  some  one  of  his  ancestors,  when  those  of  the 

hall  787. 

I  n  iwbr.— Dower  and  Curtesy  are  abolished. 

Ml  family  pictures;  a  pew  or  other  sitting  in  any  house  of  worship; 
a  lot  or  Lots  In  any  burial  ground  ;  the  family  bible,  and  all  other  school  books  us< 
the  family,  and  all  other  hooks  used  as  a  part  of  the  family  library  not  exceeding  In  vat 
dollars;  all  wearing  apparel  and  clothing  of  the  debtor  and  ins  family; 
the  provisions  for  the  debtor  and  his  family  necessary  lor  one  year's  Bupply,  either  pro- 
vided or  growing,  or  both,  and  fuel  accessary  for  one  year;  the  homestead,  as  created, 
defined,  and  Limited  by  law.    in  addition  t<>  the  above  mentioned  property,  the  debtor 
may  by  himself  or  ins  agent  select,  from  all  other  of  his  personal  property  not 
lately  exempt,  goods,  chattels,  merchandise,  money,  or  other  personal  property,  not  to 
ite  fifteen  hundred  dollars  la  value,  which  la  also  exempt. 
Instead  of  the  fifteen  hundred  dollar  exemption,  the  debtor  may  seleot  ana  choose  the 
following  property,  which  shall  then  be  exempt,  namely :    ah  miscellaneous  books  and 
musical  Instruments  tor  the  use  of  the  family, not  exceeding  nve  hundred  dollars  in 
value;  all  household  and  kitchen  furniture,  including  b<  d  iding, 

u-  d  by  the  debtor  and  his  family,  not  exceeding  five  hundred  dollars  In  value ;  and  in 
btor  shall  own   more  than  live  hundred  dollars' worth  of  such  property,  ho 
niu-t  select  therefrom  such  articles  to  the  value  of  five  hundred  dollar-,  leai  Lng  the  re- 
mainder subject  to  Legal  process;  three  cows,  ten  swine,  one  yoke  of  cattle  and  two 
-  or  mules,  or  t  wo  yoke  of  cattle,  or  two  -pan  of  uorsea  or  mules,  one  hundred 

i  and  their  lambs  under  six   n  inn  lis  oh  1,  and  all   Wool  of  the  same,  and  all  cloth 

or  yarn  manufactured  therefrom  ""•  necessary  i l  for  the  animals  hereinbefore  men- 
tioned f.r  one  year,  either  provided  or  growing  or  both,  as  the  debtor  may  choose:  also, 
one  wagon, one  sleigh,  two  plow-,  one  harrow,  and  Carmine  utensils,  including  tackle 
for  teams,  not  exceeding  three  hundred  dollars  in  value;  the  tools  and  Implements  of 
any  mechanic,  whether  a  minor  or  of  age.  used  and  kept  for  the  purpose  of  carrying  on 
his  trade  or  business,  and,  in  addition  thereto,  Stock  in  trade  not  exceeding  two  hun- 
dred dollars  in  value.  The  library  ami  Instruments  of  any  professional  person,  not  ex- 
ceedlng  six  hundred  dollars  in  value. 

No  personal  property  is  exempt,  except  that  absolutely  exempt,  from  execution  for 
laborer's  or  mechanic's  wages,  or  physician's  bills,  or  lor  debt  incurred  for  property  ob- 
tained under  false  pret> 

apt  those  made  absolute,  the  exemptions  do  not  apply:  To  a  corporation  for 
profit;  to  a  non-resident ;  to  a  debtor  who  is  with  his  family  removing  from  the  Terri- 
tory, or  who  ha-  absconded,  taking  with  him  his  family,  a'  partnership  firm  can  claim 
but  one  exemption  of  fifteen  hundred  dollars  In  value,  or  the  alternative  property, 
when  so  applicable,  instead  thereof,. out  of  the  partnership  propert  v.  and  not  a  several 
exemption  for  each  partner.  (C.  C.  P.  %i.  321-XAi.)  Am  r  the  debtor's  death,  such  exempt 
property  is  set  apart  for  the  benefit  of  the  surviving  wife  or  husband, or  the  minor 
children,  and  is  not  liable  for  any  prior  debts  or  claims  against  the  decedent,  < 
when  there  are  no  assets  available  for  the  payment  of  the  accessary  expenses  of  b 
ral  charges,  expenses  of  administration.    (Prob.  •  . 

No  p..-.  petty  i-  exempt  irom  execution  for  the  purchase-money  of  the  same  property. 

■•h.  50.) 

II  1  he   homestead  Of  every  family  resident  in   this  Territory,   whether 
.  by  the  husband  or  wife,  so  Long  a<  it  remains  a  homestead,  is  absolutely  exempt, 

,  mechanics'  liens  for  work,  labor,  or  materials  done  or  furnisaed  exclu- 
sively for  the  improvement  of  the  same;  and  debts  created  forth.'  purchasee  thereof. 
If  within  a  town  plat  it  must  not  exceed  one  acre  In  extent,  and  if  not  within  a  town 

plat  it  must  riot  embrace  In  the  aggregate  more  than  one  hundred  and  sixty  acre-,  with 
the  house  and  buildings  appurtenant  t  hereon;  and  is  without  limitation  in  value.     Such 

exemption  continues  after  the  debtor's  death,  for  the  benefit  of  the  surviving  hu-hand 
re  and  children;  and  If  both  husband  and  wife  be  dead,  till  I  t  child  be- 

oomes  "i  age.    i  Re\ .  I  lodes,  cl 

MARRTT)  W'o.mi.n.— \  married  woman  may  own,  in  her  own  right,  real  and  personal 

ty,  acquired  by  descent,  gift,  or  purchase,  and  manage,  Bell,  convey,  and  devise 

tne  to  the  same  extent  and  in  same  manner  as  If  she   was  unmarried,    t  'on  tracts 

may  he  made  by  a  married  woman,  ami  liabilities  incurred,  and  t he  sa me  enforced  by 

or  against  her,  to  the  Bame  extent  and  In  the  same  manner  as  if  unmarried.  Neither 
husband  nor  wife  has  any  Interest  In  the  property  of  the  other,  but  neither  can  be  ex- 

i  from  the  ot  i  Hi's  dwelling.    Either  husband  or  wife  may  enter  into  any  engage- 
mentor  transaction  with  the  other,  or  with  any  other  person,  respecting  property,  which 

might  enter  into  If  unmarried;  Bub, t ,  In  transactions  between  themselves,  to 

nerul  rules  which  control  the  action-  of  persons  occupying  confidential  relations 

with  each  other  as  defined  by  the  law  of  trusts.    a  husband  and  wife  may  hold  real  or 

personal  property  together  Jointly  or  In  common.    Neither  hu-hand  aorwife,  as  such, 

Me  for  the  acts  of  the  other. 

The  earnings  of  the  wife  are  not  liable  for  the  debts  of  the  husband;  and  the  earn 

and  accumulations  of  the  wife,  and  of  her  minor  children  Living  with  her  or  In  her  cus- 

whlle  she  Is  living  separate  from  her  husband,  are  the  separate  property  of  the 
wife.   The  separate  property  of  the  husband  La  not  liable  for  the  debts  of  the  wife  con- 


MATTHEWS'S    GUIDE.  29* 

tracted  before  the  marriage.  The  separate  property  of  the  wife  is  not  Liable  for  the  debts 
of  her  husband,  but  is  liable  for  her  own  debts,  contracted  before  or  after  marriage. 

A  wife's  separate  property  is  not  liable  for  debts  contracted  for  the  support  of  herself, 
her  children,  or  the  family,  as  her  husband's  agent. 

A  married  woman  may  buy  and  sell  goods,  give  notes  or  other  obligations,  and  sue 
and  be  sued,  same  as  if  unmarried.    (C.  C.  gg  75-85.) 

Women  attain  their  majority  at  eighteen.    (U.  (J.  §  10.) 

Mechanics'  Liens. — Every  mechanic  or  other  person  who  performs  labor  or  furn- 
ishes material,  machinery,  or  fixtures  for  any  building,  erection,  or  improvement  upon 
land,  has  a  lien  therefor  upon  the  building  and  land.  Notice  of  lien  must  lie  tiled  with 
the  cleric  of  the  district  court,  by  a  sub-contractor  within  sixty  days  and  by  a  contractor 
within  ninety  days  after  performing  the  labor  or  furnishing  materials. 

No  lien  is  allowed  when  other  security  is  taken. 

Mortgages. — A  mortgage  of  real  property  can  be  created,  renewed,  or  extended  only 
by  writing,  with  the  formalities  required  in  the  case  ot  grant  of  real  estate;  the  wife  need 
nbt  join  only  in  mortgage  of  homestead.  Mortgages  containing  power  of  sale  may  be 
foreclosed,  by  advertisement,  without  the  intervention  of  the  court,  and  the  premises 
sold  at  public  auction  to  satisfy  the  mortgage  debt.  Mortgages  may  be  foreclosed  by  ac- 
tion and  a  personal  decree  obtained  in  the  same  action  against  the  mortgagor  for  any 
deficiency  from  the  debt  and  costs  arising  on  the  sale  of  the  mortgaged  premises.  Amort- 
gage  may  be  discharged  by  an  entry  in  the  margin  of  the  record  thereof,  signed  by  the 
mortgagee,  or  his  personal  representative  or  assignee,  acknowledging  the  satisfaction  of 
the  mortgage  in  the  presence  of  the  register  of  deeds,  or  upon  the  record  by  a  certificate 
duly  executed,  acknowledged,  or  proved,  and  certified  and  recorded,  same  as  the  mort- 
gage. The  mortgagor  has  possession  of  the  premises  during  the  year  of  redemption  after 
the  sale.  A  mortgage  of  a  homestead  shall  be  of  no  validity  unless  the  husband  and 
wife,  if  the  owner  is  married,  and  both  husband  and  wife  are  residents  of  this  Territory, 
concur  in  and  sign  the  same  j  oint  instrument.    (C.  C.  §  '£  172:5-1736.) 

Wills.— Every  person  over  the  age  of  eighteen  years,  of  sound  mind,  may,  by  last 
will,  dispose  of  all  his  estate,  real  and  personal.  An  olographic  will  is  one  entirely  writ- 
ten, dated,  and  signed  by  the  hand  of  the  testator  himself.  It  is  subject  to  no  other 
form,  and  may  be  made  in  or  out  of  this  Territory,  and  need  not  be  witnessed.  Every 
will  other  than  a  nuncupative  will  must  be  in  writting;  and  every  will  other  than  an 
olographic  will  and  a  nuncupative  will  be  executed  and  attested  as  follows :  It  must  be 
subscribed  at  the  end  thereof  by  the  testator  himself,  or  some  person  in  his  presence  and 
by  his  direction  must  subscribe  his  name  thereto;  the  subscription  must  be  made  in  the 
presence  of  the  attesting  witnesses,  or  be  acknowledged  by  the  testator  to  them  to  have 
been  made  by  him  or  by  his  authority ;  the  testator  must,  at  the  time  of  subscribing  or 
acknowledging  the  same,  declare  to  the  attesting  witnesses  that  the  instrument  is  his 
will ;  and  there  must  be  two  attesting  witnesses,  each  of  whom  must  sign  his  name  as  a 
witness  at  the  end  of  the  will,  at  the  testator's  request  and  in  his  presence. 

A  witness  to  a  written  will  must  write,  with  his  name,  his  place  of  residence  ;  and  a 
person  who  subscribes  the  testator's  name,  by  his  direction,  must  write  his  own  name  as 
a  witness  to  the  will.  But  a  violation  of  this  section  does  not  affect  the  validity  of  the 
will. 

A  will  of  real  or  personal  property,  or  both,  or  a  revocation  thereof,  made  out  of  this 
Territory  by  a  person  not  having  his  domicile  in  this  Territory,  is  as  valid,  when  exe- 
cuted according  to  the  law  of  the  place  in  which  the  same  was  made,  or  in  which  the  tes- 
tator was  at  the  time  domiciled,  as  if  it  were  made  in  this  Territory,  and  according  t  o  the 
provisions  of  this  chapter. 

No  provisions  made  lor  proof  of  wills  made  out  of  the  Territory  different  from  those 
made  within. 

A  married  woman  may  dispose  of  all  her  separate  estate  by  will,  without  the  consent 
of  her  husband,  and  may  alter  or  revoke  the  will  in  like  manner  as  if  she  were  single. 
Her  will  must  be  executed  and  proved  in  like  manner  as  other  wills.  A  will  executed  by 
an  unmarried  woman  is  revoked  bv  her  subseqent  marriage,  and  is  not  revived  by  the 
death  of  her  husband.    (C.  C.  ?§  683-709() 

A  foreign  will  may  be  admitted  to  probate  upon  the  production  of  a  copy  oi  the  same, 
and  the  probate  thereof  duly  authenticated  with  a  petition  for  letters,  by  the  executor, 
or  any  other  person  interested  in  the  will,  to  the  probate  judge. 

Wills  are  recorded  in  the  office  of  the  probate  j  udge.    (Prob.  C.  §  1 27-30.) 

If  after  making  a  will  the  testator  marries  and  the  wife  survives  him,  the  will  is  re- 
voked, unless  provision  has  been  made  for  her  by  marriage  contract,  or  in  the  will,  or  it 
is  apparent  therefrom  that  it  was  not  his  intention  to  make  provision  for  her.  If  a  child 
be  born  to  the  testator,  after  making  his  will,  and  is  not  mentioned  in  his  will  or  pro- 
vided for  therein  or  by  any  settlement,  or  if  the  testator  omits  to  provide  for  any  of  his 
children,  or  for  the  issue  of  any  deceased  child,  unless  it  appears  that  such  omission  was 
intentional,  such  child  or  the  issue  of  such  child  succeeds  to  the  same  portion  of  the  tes- 
tator's property  that  he  would  have  succeeded  to  if  the  testator  had  died  intestate.  (C. 
C.  \\  708,715.) 

FLORIDA : 

Also  called  "  the  Peninsula  State."  Juan  Ponce  de  Leon  fitted 
out  an  expedition  in  search  of  the  fabled  island  of  Bimini,  in  which 
was  situated  "the  Fountain  of  Youth,"  or  "the  fountain  the  waters 


MAI  111!  WS'g     QUID]  . 

of  which  would  give  eternal  youth,"  and  landing  near  the  Bite  of  San 

Augustine  on  Easter  Sunday  CPaecua  Florida,  "FeaA  of  Jfiawer8n)  in 

1512,  gave  to  the  land,  in  honor  of  thai  -lay,  the  name  of  Florida, 

P(  dro  Menendez,  a  captain  of  the  celebrated  Philip  11.  of  Spain, 

"  the  master  of  the  two  Indies,"  founded  San   Augustine  August  25, 

1565.     Ceded  to  the  United  States  bySpain  by  the  treaty  of  February 

22,  1819.     East  and  west   Florida  organized  as  one  Territory  by  the 

of  March  30,  L822,  and  March  ."..  1823,  and  admitted  by  th( 

ixch  •'..  1845,  as  a  State  into  the  Union.  _ 

Area:   In  square  miles,  56,268  ;  in  acres,  37,931,520.     Atlantic-  and 
Gulf  coast  lin.-  1.1-10  miles  ;  Length  north  and  Bouth,  dot)  miles  ; 
and  west,  340  miles;  mean   width  of  peninsula,  lOOmiles;  highest 
elevation,  250  or  •':<»<>  feet 

Counties,  45. 

Cleared  land  valued  at  $9.48  per  acre  ;  woodland  at  $3.03  per  acre. 

Climate  very  fine.  Frost  in  southern  portion  unknown,  and  very 
light  in  t!i>-  northern.  Air  dry  and  equable,  rivaling  that  of  south- 
ern Italy.  Thousands  of  persons  resort  to  it  to  escape  the  rigorous 
northern  winters.     Rainy  season  between  June  and  October. 

Temperature:  At  Jacksonville,  in  winter,  55°  to  01°;  in  summer, 
80°  to  S30.     Rainfall  at  Ft.  Meyers,  57  inches. 

Surface  level  hut  undulating;  dotted  with  a  great  number  of  lake>, 
them  navigable,  which,  with  numerous  rivers  (the  St.  Johns, 
Indian,  Caloosahatche,  Withlacooche,  Suwanee,  etc.),  furnish  ample 
facilities  for  internal  transportation. 

-  luthern  portion  an  extensive  swamp — the  famous  lake  called  "  the 
rglades,"  Idled  with  islands  covered  with  a  dense  jungle  or  growth 
of  tall  rank  grass  :  area,  100  miles  in  length — width,  60  miles,  with  a 
depth  of  from  1  to  G  feet. 

Tallahassee  the  capita] :  population.  2,494.  Key  West  the  metrop- 
olis has  good  harbor  and  naval  station — population,  9,890.  San 
Augustine  the  oldest  town  in  the  United  States. 

Population.  209,493. 

Principal  products  those  of  tropical  regions:  Cotton,  coffee,  cocoa, 
BUgar  cane,  tobacco,  rice,  indigo,  etc.  Oranges,  bananas,  pine  apples, 
olive-.  grap<  3,  lemons,  limes,  pomegranates,  etc.,  flourish  luxuriantly. 

AOBN  i  in  i:  m.  Si  \tisth  9  : 

No.  of  farms  f 1880),  28,488 ;  total  land  in  farms,  3,297,324 ;  unimproved  land 
in  forma,  947,640. 

I  value  <,f  Ian..-,  $20,291,835. 

l.mn  products— -crop  of  1886:  Indian  corn:  Product,  4,597,000  bushels;  area 
in  crop  441,074  acres:  average  yield  per  acre,  10.4  bushels ;  value  per  bushel, 
71  ...  ate;  total  valuation,  »)8,26S,870.  Oats:  Product,  489,000  bushels;  area  in 
crop,  Ml'  '  iel-1  per  acre,  9.5  bushels;   value  per  bushel,  03 

cents;  total  valuation,  &308,070.  .  ,. 

Product,  134.000  bushels;  area  in  crop,  l,996acres;  average  yield 
per  aero,  67  bushels  ;    value  per  bushel,  *i  ;  total  valuation,  $134,000. 


Antonio  OrfiCm 

MATTHEWS'S    GUIDE.  31 

Cotton:  Product,  59,332  bales;  area  in  crop,  270,738  acres ;  average  yield  per 
acre,  .219  bale;  value  per  pound,  8  cents  2  mills  ;  total  valuation,  $2,286,653. 

Total  area  in  crop,  765,275  acres. 

Total  valuation  of  crop,  $5,992,593. 

Wages  of  farm  labor  per  month  by  the  year :  Without  board,  $18  ;  with  board, 
$11.33.  Day  wages  in  harvest:  Without  board,  $1.04;  with  board,  78  cents. 
Day  wages  of  ordinary  farm  labor:  Without  board,  95  cents;  with  board,  70 
cents. 

Orchard  products  (1880),  valued  at  $758,295,  chiefly  oranges,  lemons,  and 
limes. 

Tobacco  (1880),  21,182  pounds.  Rice  product,  1,294,677  pounds.  Sugar,  1,273 
hogsheads ;  molasses,  1,029,868  gallons. 

Farm  animals,  January  1,  1888:  Horses:  Number,  32,743;  average  price, 
$80.87;  value,  $2,647,961.  Mules:  Number,  12,496;  average  price,  $96.02;  value, 
$1,190,895.  Milch  cows:  Number,  52,822 ;  average  price,  $16.32  ;  value,  $862,055. 
Oxen  and  other  cattle:  Number,  576,912 ;  average  price,  $8.56 ;  value,  $4,941,078. 
Hogs:  Number,  307,051 ;  average  price,  $2.05;  value,  $628,840. 

Sheep:  Number,  92,888 ;  average  price,  $1.96;  value,  $182,061. 

Immense  ranges  of  forests  of  pine,  magnolia,  live  and  water  oak,  laurel  and 
other  valuable  timber  great  sources  of  wealth.  Live  oak  valuable  for  ship- 
building. 

Manufactures  (18S0) : 

No.  of  establishments,  426 ;  capital,  $3,210,680 ;  average  number  hands  em- 
ployed, 5,504;  annual  wages  paid,  $1,270,875;  value  of  materials,  $3,040,119. 

Value  of  products :  Flouring  and  grist  mills,  $337,780 ;  sawed  lumber,  $3,060,- 
291;  tar  and  turpentine,  $295,500 ;  tobacco,  cigars,  and  cigarettes,  $1,347,555;  all 
other  industries,  $505,322. 

Total  value  in  1880  of  products  of  manufactures,  $5,546,448. 

Fisheries  (1880) :  Persons  employed,  2,480  ;  capital  invested,  $406,117  ;  value 
of  product,  $643,227. 

Presidential,  congressional,  and  State  elections  Tuesday  after  first 
Monday  in  November;  senators,  32 — representatives,  76.  Biennial 
sessions  of  legislature  in  odd  numbered  years,  meeting  Tuesday  after 
first  Monday  in  January;  limit  of  session  60  days;  term  of  senators. 
4  years — of  representatives,  2  years. 

Electoral  college,  4. 

Public  school  system.     School  age,  4-21  years. 

Legal  interest  rate,  8  per  cent. ;  by  contract  any  rate. 

State  Laws  in  Relation  to  Deeds,  Dower,  Descent  and  Distribution  6f- 
Property,  Married  Women,  Mechanic's  Liens,  Mortgages,  and  Wills. 

Deeds.— No  estate  or  interest  of  freehold  or  for  a  term  of  more  than  two  years,  or  any 
uncertain  interest  of,  in  or  out  of  any  messuages,  lands,  tenements,  or  hereditaments, 
shall  be  created,  made,  granted,  conveyed,  transferred,  or  released  in  other  manner  than 
by  deed  in  writing  sealed  and  delivered  in  the  presence  of  at  least  two  witnesses,  by  the 
party  creating,  making,  granting,  conveying,  transferring,  or  releasing  such  estate,  in- 
terest, or  term  of  years,  or  by  his,  her,  or  their  agent  thereto  lawfully  authorized,  unless 
by  last  will  and  testament.    (McClellan's  Digest,  p.  214.) 

All  deeds,  mortgages,  or  other  conveyances,  by  which  any  right,  title,  interest,  or  claim 
to  any  real  estate  in  thisState  maybe  conveyed, affected, defeated, impaired, or  released, 
all  powers  of  attorney  relating  to  the  same,  and  all  instruments  under  seal,  to  be  used  or 
recorded  in  this  State,  in  order  to  entitle  the  same  to  be  so  used  or  recorded,  in  case  the 
same  shall  be  acknowledged  out  of  this  State,  shall  be  acknowledged  by  the  party  or 
parties  executing  the  same,  or  the  execution  thereof  by  said  party  or  parties  shall  be 
proved  by  a  subscribing  witness  thereto  before  a  commissioner  duly  appointed  by  the 
governor  of  Florida.  In  those  cities  or  counties  where  no  commissioner  is  appointed,  or 
where  he  is  unable  to  act,  the  acknowledgment  or  proof  may  be  taken  before  the  chief 
justice,  judge,  presiding  justice,  or  president  of  any  court  of  record  of  the  United  States, 
or  of  any  State  or  Territory  thereof,  having  a  seal  and  a  clerk  or  a  prothonotary ;  but  no 
proof  or  acknowledgment  taken  by  any  such  party  shall  entitle  such  deed,  power  of  at- 
torney, or  conveyance  to  be  recorded,  unless  taken  within  some  place  or  district  to  which 


MATTHEW8'S    GUIDE. 

theju  '         oourt  to  which  be  belongs  shall  extend,  and  the  place  of  taking 

rment  be  by  lnm  set  forth  In  bis  certificate  of  acknowledgment,  and  also 
that  the  court  of  winch  he  La  such  chief  Justice,  Judge,  presiding  lust  ice,  or  president,  la 
a  court  of  record ;  the  certificate  shall  Btate  that  the  party  t  iking  the  acknowledgment 
knows  or  has  satisfactory  proof  that  the  person  making  such  acknowledgment  la  the  In- 
dividual described  in  and  who  executed  the  deed  or  Instrument  under  seal;  the  certifi- 
cate of  acknowledgment  of  Buch  chief  Justice,  judge,  presiding  Judge,  or  president,  shall 

impanled  by  the  certificate  of  the  clerk  <>r  protnonotary  of  tin urt  for  wiiich  he 

,  or  president  as  aforesaid,  under  the  soil  of  said  court,  thai 
duiv  appointed  or  authorized  as  such  judge,  Justice,  or  president,  eta 

On  the  34th  of  February,  1878,  "An  act  providing  for  the  acknowledgment  of  deeds 
and  oth.-r  conveyance  of  lands"  was  approved  and  became  a  law.     Acts  of  1878,  : 

■t  is  thought  t<>  enlarge  and  not  to  supersede  the  provisions  of  the  former  laws  on 
mesubiect,    it  Is  as  follows:   "Section  i    Deeds  executed  In  this  State  of  lands,  or 
any  Interest  in  lands  therein,  shall  be  executed  in  the  presence  of  two  witnesses,  who 
shall  subscribe  their  names  to  the  same  as  such,  and  the  persons  executing  such  deeds 
may  acknowledge  the  execution  thereof  before  any  Judge,  clerk  of  the  circuit  court, 
notary  public,  or  justice  ol  the  peace  within  the  Stated  and  if  any  such  deed  or  convey- 
ance of  land  shall  i>e  executed  In  any  other  state.  Territory,  or  District  of  the  United 
j,  such  deed  may  be  executed  according  to  the  laws  of  such  state.  Territory,  or  Dis- 
trict, and  the  execution  thereof  may  he  acknowledged  before  any  Judge  or  clerk  of  a  court 
ord,  notary  public,  iu-tiee  of  the  peace,  or  other  officer  authorized  by  the  laws  of 
Territory,  or  District  to  take  acknowledgment  of  deeds  therein,  or  before  any 
dssioner  appointed  by  the  governor  of  this  state  for  such  purpose.    Section 2.  If 
socb  deed  he  executed  In  any  foreign  country  it  may  be  executed  according  to  the  laws 
ii  country,  any  execution  thereof  may  be  acknowledged  before  any  notary  pub- 
lic therein,  or  before  any  minister  plenipotentia  ry,  minister  extraordinary,  minister  res- 
»,  commissioner, or  consul  of  the  United  states  appointed  to  reside 
therein,  or  before  a amissioner  appointed  by  the  governor  of  this  State  for  such  pur- 
pose, which  acknowledgment  snail  be  certified  therein  by  the  officer  taking  tbe  • 
under  his  hand,  and  his  seal  of  office  shall  be  affixed  to  such  certificate.    Sections,  it 
ich  deed  or  other  conveyance  shall  be  executed  and  acknowledged  In  any  other 
or  country,  before  any  officer  not  having  an  official  seal,  he  shall  base  attached 
rtlficate  of  the  clerk  or  other  proper  certifying  officer  of  a  court  of  record  or 
certificate  of  the  secretary  of  state,  minister  plenipotentiary,  minister  extraordinary, 
minister  resident,  charge  cC affaires,  commissioner,  or  consul  (as  the  case  may  be),  that 
the  person  whose  nam.' is  subscribed  to  the  certificate  of  acknowledgment  was,  at  the 
date  thereof,  such  officer  as  he  Is  therein  represented  to  be;  thai  he  believes  the  signa- 
ture of  such  person  subscribed  thereto  to  be  genuine,  and  thai  the  deed  Is  executed  and 
acknowledged  according  to  tbe  laws  of  such  State,  Territory,  District,  or  foreign  country. 
ml  Any  d i  or  conveyance  heretofore  executed  and  acknowledged  Incompli- 
ance witii  the  provisions  of  this  act  shall  have  the  same  force  and  effect,  and  be  as  valid 
as  if  the  same  had  been  executed  after  the  passage  of  this  act.    Section  5.   Every  eon- 
ace  of  real  estate  within  this  state  hereafter  made,  which  shall  not  be  recorded  in 

th unty  In  which  tie-  lands  are  situated  within  six  months  after  tbe  execution  th< 

shall  be  void  as  against  any  subsequent  purchaser."    (McClellan's  Digest,  pp.  218, 219. 

In  Carr  1 1,  Thomas,  is  i-'ia.  786,  the  supreme  court  decided  that  §5  above  is  Inoperative 
and  \  1 1  of  art. 4  of  the  Constitution,  which  provide-  ••  that  each  law  enacted 

in  the  legislature  shall  embrace  but  one  subject,  and  matters  properly  connected  there- 
with, which  Bubject  shall  be  briefly  expressed  In  the  title." 

By  theacl  of  1885,  "all  deeds  ol iveyance,  bills  of  sale,  mi  ir  other  transfers 

of  property,  either  real  or  personal,  within  the  limits  of  this  State,  wbich  are  required 
for  any  purpose  to  i>'-  recorded,  shall  be  deemed  to  have  been  recorded  from  the  date  the 
bane-  is  presented  and  Bled  with  the  officer  required  to  record  the  same  " 
Tkusi  Deeds.    See  Mortgag<  i. 

Descent.— Whenever  any  person  having  title  I  te  of  inheritance  shall  die 

Intestate  as  to  Buch  est  ite,  it  sha  n  descend  in  parcenary  to  the  male  and  female  kindred 

as  follows :    To  bis  children,  or  their  descendants,  if  any  there  be.    If  no  children,  nor 

their  descendants,  then  to  ins  father,    rf  no  father,  then  to  his  mother,  brothers,  and 

-.  and  their  descendants,  or  such  of  them  as  there  be.    [f  no  brother,  nor  sister,  nor 

their  descendants,  the  Inheritance  shall  be  dh  Ided  Into  moieties, f  which  shall  go 

to  the  paternal,  the  other  to  the  maternal  kindred  In  the  following  course,  namely,  iir-t 
to  the  grandfather  it  no  grandfather,  then  to  tbe  grandmother,  uncles,  and  aunts  on 
tbesa  i  I  their  descendants,  or  such  ol  tbem  as  there  be     If  there  be  no  grand- 

mother, ancle,  nor  aunt,  nor  their  descendants,  then  to  the  great-grandfathers,  or  great- 
grandfather, it  there  be  bul  one. 

it  there  I  '  grandfathers,  then  to  the  great-grandmothers,  or  great-grand- 

mother, If  there  be  bnt  one;  and  the  brothers  and  there  and  grand- 

mothers, and  tbelr  descendants,  or  such  of  tbem  as  there  be. 

And  so  in  other  cases  without  end,  passing  to  the  nearest  lineal  male  ancestors,  and, 

for  want  of  them,  to  the  lineal  female  ancestors  In  the  same  degree,  and  the  descendants 

>h  male  and  female  ancestors,  or  such  of  them  as  there  may  be.    Whenever  an  Infant 

shall  die  w  Ithout  issue,  having  title  to  any  real  estate  of  Inheritance  derived  by  gift,  de- 

r  descent  from  ihe  father,  and  there  be  living  al  the  death  ol  such  Infant,  his  father, 

acta  Infant,  on  the  part  of  the  father,  or  the  paternal  grand- 

not  her  of  the  infant,  or  any  brother  or  sister  of  the  father,  or  any  de- 

of  them,  then  such  .state  shall  descend  and  pass  to  the  paternal  kln- 

ird  to  the  mother  or  otber  maternal  kindred  of  such  Infant,  in  the  same 

id  been  no  such  mother  or  other  maternal  kindred  living  at  the 


MATTHEWs'a    GUIDE.  33 

death  of  the  infant,  saving,  however,  to  such  mother  any  right  of  dower  which  she  may- 
have  in  such  real  estate  of  inheritance. 

And  where  an  infant  shall  die  without  issue,  having  title  to  any  real  estate  of  inheri- 
tance derived  by  gift,  devise,  or  descent  from  t  he  mother,  and  there  be  living  at  the  death 
of  such  infant,  his  mother,  or  any  brother  or  sister  of  such  infant,  on  the  part  of  the 
mother,  or  the  maternal  grandfather,  or  the  grandmother  of  the  Infant,  or  any  brother 
or  sister  of  the  mother,  or  any  descendant  of  any  of  them,  then  such  estate  shall  descend 
and  pass  to  the  maternal  kindred  without  regard  to  the  fattier  or  other  paternal  kindred 
of  such  infant,  in  the  same  manner  as  if  there  had  been  no  such  father  or  other  paternal 
kindred  living  at  the  death  of  the  infant,  saving,  however,  to  such  father  the  right 
which  he  may  have  as  tenant  by  the  curtesy  in  the  said  estate  of  inheritance. 

And  where  from  want  of  issue  of  the  intestate,  and  the  father,  mother,  brothers,  and 
sisters,  and  their  descendants,  the  inheritance  is  before  directed  to  go  by  moieties  to  the 
paternal  and  maternal  kindred  :  If  there  should  be  no  such  kindred  on  the  one  part, 
the  whole  shall  go  to  the  other  part,  and  if  there  be  no  kindred  either  on  the  one  part  or 
the  other,  the  whole  shall  go  to  the  wife  or  husband  of  the  intestate ;  and  if  the  wife  or 
husband  be  dead,  it  shall  go  to  her  or  his  kindred,  in  the  like  course  as  if  such  wife  or 
husband  had  survived  the  intestate  and  then  died  entitled  to  the  estate.  And  in  the 
cases  before  mentioned,  when  the  inheritance  is  directed  to  pass  to  the  ascending  and 
collateral  kindred  of  the  intestate,  if  part  of  such  collaterals  be  of  the  whole  blood  to 
the  intestate,  and  other  part  of  the  half  blood  only,  those  of  the  half  blood  shall  inherit 
only  half  as  much  as  those  of  the  whole  blood ;  but  if  all  be  of  the  half  blood,  they  shall 
have  whole  portions,  only  giving  to  the  ascendants  (if  any  there  be)  double  portions. 
By  an  act  of  the  legislature,  passed  November  20, 1828,  it  is  provided  that  the  distribution 
of  personal  property,  remaining  in  the  hands  of  the  executor  or  administrator  after  the 
payment  of  all  debts  and  legacies,  shall  be  made  according  to  the  provisions  of  the  law 
regulating  descents. 

If  married  women  die  in  this  State  possessed  of  real  and  personal  property,  or  either 
Bpecies  of  property,  the  husband  takes  a  child's  part;  and  if  there  be  no  children  he  is 
entitled  to  the  administration  and  to  all  her  property  both  real  and  personal. 

By  an  act  of  the  legislature,  approved  February  27, 1872,  it  is  provided,  "If  a  man  die 
In  this  State  intestate,  without  children,  who  shall  at  the  time  of  his  death  be  possessed 
of  real  and  personal  property,  or  either,  the  wife  shall  take  the  whole  estate  or  dower  at 
her  election ;  and  that  where  the  husband  dies  intestate,  without  children,  the  wife  shall 
be  sole  heir  at  law."  The  supreme  court  in  Crolly  vs.  Clark,  June  term,  188-1,  decided  that 
under  the  above  act,  if  the  husband  dies  outside  of  this  State  intestate,  without  children, 
the  widow  is  the  sole  heir  at  law. 

Whenever  any  person  shall  die  in  this  State  leaving  insurance  on  his  or  her  life,  the  said 
insurance  shall  inure  exclusively  to  the  benefit  of  his  or  her  child  or  children,  husband, 
or  wife,  in  equal  portions,  or  to  any  other  person  or  persons  for  whose  benefit  said  insur- 
ance is  declared  in  the  policy,  and  the  proceeds  thereof  shall  in  no  case  be  liable  to  at- 
tachment, garnishment,  or  any  legal  process  by  any  creditor  or  creditors  of  the  person 
whose  life  was  so  insured,  unless  said  policy  declares  that  the  said  insurance  was  effected 
for  the  benefit  of  such  creditors.    (Act  of  February  17, 1872.) 

Dower.— The  widow  is  entitled  as  dower  to  a  life  estate  in  one-third  part  in  value  of 
the  realty  of  which  her  husband  died  seized  and  possessed,  or  of  which  he  was  seized 
and  possessed  at  any  time  during  the  coverture  (and  had  conveyed),  in  which  she  had 
not  relinquished  her  dower,  and  to  one-third  part  of  the  personalty  absolutely ;  and  this 
claim  to  dower  is  a  preferred  one,  and  superior  to  that  of  a  creditor.  Instead  of  dower  a 
widow  may  elect  to  take  a  child's  part  in  the  estate  of  her  deceased  husband,  provided 
she  makes  her  election  within  twelve  months  from  the  probate  of  the  will  or  granting  of 
letters  of  administration. 

If  she  takes  a  child's  part  in  lieu  of  dower,  she  takes  a  fee-simple  estate  in  the  realty, 
and  an  absolute  title  to  the  personalty,  but  subject  to  the  payment  of  the  debts  of  the 
husband. 

Exemptions.— Article  X.  of  the  constitution  of  1885  provides  as  follows :  "Sec.  1.  A 
homestead  to  the  extent  of  one  hundred  and  sixty  acres  of  land,  or  the  half  of  one  acre 
within  the  limits  of  any  incorporated  city  or  town,  owned  by  the  head  of  a  family  resid- 
ing in  this  State,  together  with  one  thousand  dollars'  worth  of  personal  property,  and 
the  improvements  on  the  real  estate,  shall  be  exempt  from  forced  sale  under  process  of 
any  court,  and  the  real  estate  shall  not  be  alienable  without  the  joint  consent  of  hus- 
band and  wife,  when  that  relation  exists.  But  no  property  shall  be  exempt  from  sale 
for  taxes  or  assessments,  or  for  the  payment  of  obligations  contracted  for  the  purchase 
of  said  property,  or  for  the  erection  or  repair  of  improvements  on  the  real  estate  ex- 
empted, or  for  house,  field,  or  other  labor  performed  on  the  same.  The  exemption  herein 
provided  for  in  a  city  or  town  shall  not  extend  to  more  improvements  or  buildings  than 
the  residence  and  business  house  of  the  owner ;  and  no  judgment  or  decree  or  execution 
shall  be  a  lien  upon  exempted  property  except  as  provided  in  this  article.  Sec.  2.  The 
exemptions  provided  for  in  section  one  shall  inure  to  the  widow  and  heirs  of  the  party 
entitled  to  such  exemption,  and  shall  apply  to  all  debts,  except  as  specified  in  said  sec- 
tion. Sec.  3.  The  exemptions  provided  for  in  the  constitution  of  this  State  adopted  in 
1868  shall  apply  as  to  all  debts  contracted  and  judgments  rendered  since  the  adoption 
thereof  and  prior  to  the  adoption  of  this  constitution.  Sec.  4.  Nothing  in  this  article 
shall  be  construed  to  prevent  the  holder  of  a  homestead  from  alienating  his  or  her  home- 
stead so  exempted  by  deed  or  mortgage  duly  executed  by  himself  or  herself,  and  by  hus- 
band and  wife,  if  such  relation  exists:  nor,  if  the  holder  be  without  children,  to  prevent 
him  or  her  from  disposing  of  his  or  her  homestead  by  will,  in  a  manner  prescribed  by 
law,  Sec.  5.  No  homestead  provided  for  in  section  one  shall  be  reduced  in  area  on  ac- 
count of  its  being  subsequently  included  within  the  limits  of  an  Incorporated  city  or 
town  without  the  consent  of  the  owner." 


34  MATTHEWS  B    <;iIDE. 

n  act  approved  February  84,  1878,  "  When  the  homestead  is  not  within  tbc  corpo- 
rate limits  of  any  town  or  city,  the  person  claiming  said  exemption  shall  bave  the  right 
tpart  that  portion  of  land  belonging  to  bim  which  Includes  bis  residence,  <>r  not, 

Tbesuprem >nrt.  in  Friedenberg  v.  Wilson,  decided  thai  the  bead  of  a  family  can. 

.  ise  his  homestead  bo  as  to  deprive  his  children  •>!"  the  benefit  of  the  same. 
ey  due  for  the  personal  labor  or  services  <>i'  any  person  who  is  the  bead  "i"  a  fam- 
.  din-  in  this  State,  is  exempted  from  attachment  or  garnishment.    (Acts  oi  1876, 

1    Marrii  dwou  !*.— The  constltntlon  of  1885,  article  XI..  provides  that  "all  property, 
I  of  a  wife,  owned  by  her  before  marriage,  or  lawfully  acquired  after- 
wards by  gift  de\  ise,  bequest,  descent  or  purchase,  Bhall  be  her  separate  property,  and 
me  shall  uot  be  liable  for  the  debts  of  her  husband  without  her  consent  given  by 
instrument  In  writing  executed  according  to  the  law  respecting  conveyances  by 
married  women     A  married  woman's  separate,  real,  or  personal  property  may  be  charged 
in  equity  and  Bold,  or  the  uses,  rents,  and  profits  thereol  sequestered  for  the  pure! 
money  thereof;  or  for  money  or  thing  due  upon  any  agreement  made  by  her  in  writing 
for  the  benefit  of  her  separate  properly  ;  or  for  the  price  of  any  property  purchased  by 
her  or  for  labor  and  material  used  with  her  knowledge  or  assent  In  the  construction  <>f 
buildings  or  repairs,  or  Improvements  upon  hex  property,  or  for  agricultural  or  other 
labor  bestowed  thereon  with  her  knowledge  and Ironsent.'  ,....,,., 

,,,  act  "i  iii,-  legislature  approved  March  6, 1845, 11  was  provided  that "  hereafter 

when  any  female  a  citizen  of  this  state,  Bhall  marry,  or  when  any  female  shall  marry  a 
i  of  this  state  the  female  being  seized  or  possessed  of  real  or  personal  property,  her 
-hall  continue  separate,  Independent,  and  beyond  the  control  ol  her 
ad  notwithstanding  her  coverture,  and  shall  not  he  taken  in  execution  tor  ins 
■  and  that  she  may  become  seized  or  possessed  of  real  ami  personal  property  dur- 
iverture,  by  bequest,  devise,  gift,  purchase,  or  distribution,  subject  to  the  like  re- 
strictlons,  limitations,  and  provisions." 

ii  isb  ind  and  wife  must  join  in  all  sales,  transfers,  and  conveyances  ol  the  prop- 

if  the  wife,  and  the  real  estate  of  the  wife  shall  only  he  eonveye,l  l,y  the  joint  deed 

of  the  husband  and  wife,  duly  attested,  authenticated,  ami  admitted  to  record,  accord- 
ing to  tin-  law-  of  Florida  regulating  conveyances  of  real  property.    Bee  !>■  eda. 

v  married  woman,  owning  real  estate  of  inheritance  in  tins  state,  may  sell,  convey, 
transfer  or  mortgage  the  same,  or  any  part  thereof,  in  the  same  manner  as  si,,,  mlghl  do 
ii  she  weresoleand  unmarried,  provided  the  husband  of  said  married  woman  join  in  such 
s  lie  conveyance  transfer,  or  mortgage,  and  the  same  i„-  made  and  authenticated  in  the 
.,-r  prescribed  bythelawa  in  force  regulating  conveyances  of  real  estate  and  the 
recording  and  authenticating  the  same;  and  provided  a  No.  thai  such  married  woman 
shall  acknowledge  on  a  separate,  private  examination,  apart  from  her  husband,  before 

(Beer  or  other  person  appointed  by  law  to  take  her  acknowledgment  of  her  i 
tlon  of  any  such  sale,  conveyance,  transfer,  or  mortgage,  that  she  executed  th,-  same 
fre  lv  and  without  any  fear  or  compulsion  of  her  said  husband.    Females  become  of  age 
at  twenty-one.                                                            ...       ,     .. ,  _.  .  .  ,    „ 

,,-t  of  March  11, 1879.  a  married  woman  residing  m  this  State  may  become  a  free 
dealer  and  manage  take  charge  of,  and  control  her  own  estate,  and  contract  and  be  oon- 
d  with  sue  and  he  sued,  as  if  unmarried,  by  making  petition  in  chancery  to  the 
fudge  of  the  circuit  curt.  who.  upon  being  satisfied,  upon  testimony  taken  before  a  mas- 
ter a-  to  the  capacitv  and  qualilications  of  such  married  woman  to  take  charge  Of  and 
manage  her  own  estate. and  to  become  a  free  dealer, may granl  her  a  l use  for  that  pur- 

Itb  the  prayer  of  the  petition,  lour  Weeks'   notice  ,,i  such  applica- 
tion being  publish  d.  ,  .   ,       .  ,       .  . 

.  ,11  not  !„■  lawful  for  any  married  woman  to  take  charge  Ol  and  manage  h,r  own 

estate  until  the  order  and  decree  granting  such  license  shall  have  been  published  four 

slon  In  some  newspaper  in  the  county  or  circuit,  and  h  no  newspaper  be 

published  in  the  county,  then  by  postings  copy  for  four  weeks  at  the  court-house  door 

ami  two  more  public  places  in  the  county  In  which  she  may  reside al  the  timesucfa  order 

was  ma,ie.  ,ii f  -aid  notice-  to  be  posted  in  the  neighborhood  where  applicant  resides. 

(McClellan's  Digest,  pp.  754-757.     Bee  also  Descent  of  Property  and  Dower. 

Mi  ,n  inks'  Liens.  -Mechanics'  and  ail  other  persona  performing  labor  or  furnlsh- 
[ng  materials  or  machinery  in  th.-  construction  or  repair  ,,i  any  building,  mill, etc.,  have 

a  lien  on  BUCh  building  and  the  land  on  which  it  stands. 

;  any  craft  performing  labor  upon  and  with  any  machinery,  apparatus,  fix- 
ay  oilier  thing  have  a  lien  thereon  for  ninety  days  after  failure  or  refusal  to 
pay  Tor  such  labor.    These  liens  are  enforced  by  attachment.    Persons  loading  or  un- 
j,,:i", i  have  a  hen  on  the  vessels,    Persons  cutting  or  rafting  logs  or  timbers 

have  a  lien  on  the  same.  ...  ,,  .,  -,,,,. 

ions  performing  any  labor  on  or  for  a  railroad  have  a  Hen   on  the  railroad  and  its 

property,  which  may  be  enforced  by  bill  In  equity. 

Mortgages      Ml  deeds  of  conveyances,  bills  of  sal,-,  or  other  instruments  .if  writing 
,r -•  Illng  propert  v.  either  real,  personal,  or  mixed,  for  the  purpose  or  with 

the  intention  of  securing  the  payment  of ney,  whether  such  deed,  pill  of  sale,  or 

..the,-  Instrument  be  the  same  from  the  debtor  to  th,- creditor  or  from  the  debtor  to  some 
thud  person  m  trust  for  the  creditor,  -hail  be  deemed  and  held  as  mortgages,  and  must 
be  fot  iicii 

m  reait  v  are  not  usually  accompanied  by  bond  to  Becure Judgment  for  de- 
fld,  .  ,        .-  provided  for  by  Equity  Rule  H9,  a-  follows:  "In  suits  in  equity  for  the 

foreclosure  of  mortgages  a  decree  may  be  rendered  for  any  balance  that  maybe  found 

to  the  plaintiff  and  ah  ,ve  the  proceed-  ol    the  -ale  or  sale-,  and  execution  may  IssUO 

for  the  c.,11,  ctlon  of  the  same." 


MATTHEWS'S    GUIDE.  35 

Mortgages  maybe  discharged  by  acknowledging  satisfaction  thereof  before  theclerkof1 

-the  circuit  court  where  recorded,  and  proper  entry  upon  the  record,  or  bv  n  s;it  isiaction 
piece  cither  indorsed  upon  the  mortgage  or  separate  therefrom,  duly  proved  or  acknow- 
ledged for  record  before  some  officer  authorized  by  the  laws  of  Florida  to  take  acknowl- 
edgment of  deeds.    The  wife  need  not  join. 

Wills.— Every  person  of  the  age  of  twenty-one  years  and  upwards,  of  sound  and 
■disposing  mind,  has  the  right  and  power  in  this  State,  by  last  will  and  testament  in 
writing,  to  devise  and  dispose  of  his  or  her  lands,  tenements,  ami  hereditaments 
»nd  01    his  or  her  estites,   right,   title,  and  interest  in   the  same    in 


A  m  irried  woman  may  dispose  of  her  property,  both  real  and   personal,  by  last  will 
and  testament,  in  the  same  manner  as  if  she  were  not  married.    |  Aeis  1881,  ppl  GO,  (u.) 


IDAHO: 

"  The  Gem  of  the  Mountains."  Prior  to  I860,  the  date  of  the  discov- 
ery of  gold,  the  white  population  consisted  almost  wholly  of  trappers, 
prospectors,  and  missionaries.  Over  half  a  century  ago  Ft.  Boise 
(wooded)  was  established  by  the  Hudson  Bay  Fur  Company  on  the 
west  side  of  Snake  river.  With  the  discovery  of  gold  permanent  set- 
tlements began,  and  by  the  act  of  March  3,  1863,  it  Avas  organized 
into  a  Territory.  Drained  by  the  Snake  and  Salmon  rivers  and  their 
tributaries.     Shoshone  Falls  "the  Niagara  of  the  West" 

Counties,  15. 

Area  :  In  square  miles,  86,294 ;  in  acres,  55,228,160.  Altitudes  from 
2,000  feet  to  13,000  feet. 

Boise  City,  "  the  Gem  of  the  Rich  Country  "  and  the  capital,  is  an  enter- 
prising city,  with  its  national  banks,  first-class  water  power,  public 
buildings,  schools,  etc.  Population,  1,899.  Silver  City  and  Florence 
thriving  mining  towns. 

Highest  temperature  during  year  1887,  at  Boise  City.  100.3°  ;  low- 
est temperature,  6.1°.  Average  temperature,  50.8°.  Rainfall  during 
year,  13.18  inches;  average  monthly  rainfall,  1.10  inches.  Tempera- 
ture rarely  falls  to  zero. 

Climate  exceptionally  fine.  Its  highly  oxygenated  atmosphere 
•especially  adapted  to  the  cure  of  catarrh,  consumption,  and  many  dis- 
eases in  which  a  cure  depends  on  a  purification  of  the  blood. 

Population  (1888)  estimated  at  105,260. 

Agricultural  Statistics  : 

No.  of  farms  (1880):  1,885;  total  land  in  forms,  327,798  acres;  improved  land 
in  forms,  197,407  acres. 

Total  value  of  farms,  $2,832,890. 

Farm  products — crop  of  188(1:  Indian  corn:  Product,  42,000  bushels;  ana  in 
■crop,  1,950  acres;  average  yield  per  acre,  21.5  bushels;  value  per  bushel,  67 
cents;  total  valuation,  $28,140.  Wheat:  Product,  1,039,000  bushels;  area  in 
crop,  65,4S9  acres;  average  yield  per  acre,  15.9  bushels;  weight  per  bushel. 
58.5  pounds;  value  per  bushel,  72  cents;  total  valuation,  8748,080.  Bye:  Pro- 
duct, 15,000  bushels;  area  in  crop,  1,106  acres;  average  yield  per  acre,  13.6 
bushel-;  value  per  bushel,  60  cents;  total  valuation,  $9,000.  Oats:  Product, 
1,078,000  bushels ;  area  in  crop,  34,770  acres;  average  yield  per  acre,  31  bush- 
els; value  per  bushel,  55  cents;  total  valuation,  $592,900.    Barley:  Product, 


36  BiATTHEWS'fl    GUIDE. 

283,000  bushels;  area  in  crop,  12,576 acres;  average  yield  per  acre,  22.5  bush- 
value  per  bushel,  48  cente  ;  b  ital  valuation,  $135,840. 

Product,  430,000  bushels;  area  in  crop, 4,095  acres;  average  yield 
pi-r  acre,  105  bushels ;  value  per  bushel,  57  cents  ;  total  valuation,  8245,100. 

roduct,  137,164  tons;  area  in  crop,  1 1 1^.' *' »-"►  acres;  average  yield  per 
acre,  1.21  ton  ;  value  per  I  otal  valuation,  $1,371,640. 

Total  area  in  above  crops,  232,981  i 
.  valuation  of  i  0,700. 

:  farm  labor  per  month  bv  the  year:  Without  board,  £  39 ;  with  board, 
$     25.    Day  wages  in  harvest:   Without  board,  (2;  with  board,  $1.52.    Day 
ordinary  farm  labor:  Without  board,  (1.50;  with  board,  $1.15. 
Farm  animal-.  January],   i  :  Number,  102,375 ;  average  | 

value,  $5,118,750.    Mules:   number,  1,705;  average  pi  rnlue,  $11 

Milch  imber,  26,458 ;  average  pri  7;  value,  $705,635.     I 

oth<r  cattle:  Numbei  ;  average  price.  £is.7">;  value,  $7,955,925.    Hogs: 

Number, 42,150 ;  average  price,  $6;  value,  $252,900. 

dumber,  312,408 ;  average  price,  $2.05 ;  value,  $640,436. 

M.\Ni  v\-  50) : 

No.  of  establisnments,  162;  capital,  $677,215;  average  No.  of  hands  em- 
-  :  annual  wages  paid  $136,326:  value  of  materials,  $844,874. 

Value  of  products:  Flouring  and  grist  null,  $520,986 ;  Lumber,  Bawed,  $349,635  ; 
all  other  indusl 

Total  value  of  products  of  manufactures,  $1,271,317. 

Great  mineral  belt  hardly  prospected,  and  mining  enterprises  in 

their  infancy.    Many  valuable  quartz  mines  unlocated  and  unoccupied. 

Gold,  silver,  copper,  and  lead,  etc.     Gold  product  in  188S  valued  at 

>9  ;  silver  product  at  83,422,657  ;  and  lead  product  at  $2,960,- 

270. 

Agricultural  development  rapid  and  successful.  All  the  cereals 
profitably  cropped.  Grain  crop,  in  1887,  2,374,325  bushels,  and  hay 
product.  342,91  1  tons.  Fine  orchards  of  apples,  peaches,  pears,  apri- 
cots, nectarines,  prunes,  grapi  3,  etc. 

I.  urge  grazing  area  :  estimated  at  5,000.000  acres. 

Counties  of  Boise,  Alturas,  and  Idaho  richest  in  gold.      County 
Owyhee  in  silver.     Some  of  the  mines  in  these  and  other  counties 
rv  rich. 

Taxable  property  in  1888,  821,288,392. 

Great  natural  resources  practically  undeveloped.     Immense  fat 
of  pine  and  fir  timber.     Lumber  now  manufactured  in  the  Territory 
only  used  for  home  consumption.     About  18,000,000  acres  <>(  timber 
and  mineral  lands.     Largesl  part  of  mineral  lands  covered  with  d< 
forests  of  pine,  spruce  and,  fir.    Thousands  of  acres  of  black  or  lodge 

pole    pilie. 

Large  ar<  a  of  desert  lands,  capable  of  development  into  rich  land 
by  a  Bystem  <>f  irrigation. 

inroad  mileage  about  1,000  miles. 
Pine  school  system.    .School   population  increasing.     Many   fine 
ol  houses.     Financial  support  needed  to  sustain  the  schools  at 
th'-ir  full  capacity.     School  age,  5-1 2  years. 

Manufactures  mainly  of  lumber  and  Hour,  and  the  smelting  of 
ares. 


MATTHEWS's    GUIDE.  37 

m  Territorial  and  congressional  elections  Tuesday  after  first  Monday 
m  November;  senators,  12— representatives,  24;  biennial  sessions  of 
the  legislature  m  even-numbered  years,  meeting  second  Monday  in 
December;  limit  of  session  60  days;  terms  of  members  of  the  legis- 
lature, 2  years.  •  b 
Legal  interest  rate,  10  per  cent. ;  by  contract,  18  per  cent. 

State  Laws  in  Relation  to  Deeds,  Dower,  Descent  and  Distribution  of 

Property,  Married  Women,  Mechanics'  Liens,  Mortgages,  and  Wills 
a^th^ 

^^SSfASSSS^T^  "*  notoy  PUbliC> a  ^^^^^^St^S 

^arVS|^dMrL^/l^^fe^e^e  ^  reSided  A  tbe  ^WlM 
noS^ 

Descent  of  Propety.— If  wife  dies,  the  husband,  without  administration  tii™*  tv,« 
common  property  If  husband  dies,'  the  wife  takes  half Common  prooertv  and  Iht 
remainder  goes  to  the  descendants  and  heirs  of  husband  propeity,  and  the 

The  disposition  of  all  other  estate  is  as  follows:  One-naif  to  surviving  husband  or  wife 
S v^°n?"fhi.lf  to  Chlld-  ^ F there  is  more  than  one  child,  then tw^thirds  to to  the  cfail* 
ff  thpJhi^Tf^  n°  chlldren,  one-half  the  estate  goes  to  father  and  mother  equally" 
Hc^e  f^bK  no  father  nor  mother  one-half  goes  to  brothers  and  sisters  and  children  of 
d^e^?Hbr°^er  a,Ifa1slster-  4  If  deceased  leave  no  husband  nor  wife  nor  child  his i  father 
and  m°tner  tal<e  al the  estate;  if  there  be  no  father  nor  mother,  estate  goes  to  brothers 
SSr  fo'th6?'  aDM  chlidlT?  of  deceased  brother  and  sister.  If  deceased  feaves  no  issue 
nor  father,  mother,  brother,  or  sister,  the  surviving  husband  or  wife  takes  the  entire  p!: 
Jh£„,£nVn  d6faUlt  °rf -a\i  such  hehs- tne  estate  S°es  to  the i  next  of  kin T  be4nmn-  with 
the  nearest  ancestor.  If  there  be  no  survivor,  heirs,  or  kin,  as  provided  'aforesaid Estate 
goes  to  territorial  treasury  for  the  benefit  of  the  public  schools  aioresaia,  estate 

Dower.— The  wife  has  no  right  of  dower  in  the  lands  of  her  deceased  husband 
aiJ?EnPTI0?S— Homestead,  to  the  value  of  five  thousand  dollar to .  head  of  family 
a^dfo°iw-ValUe  °f  °ne  thousand  dollars  to  any  other  person.  As  to  persona?  property 
the  following  are  exempt  from  execution  :  1.  Debtor's  chairs  tables  deslrs  hnoT«  S 
the  value  of  one  hundred  dollars.  2.  Necessary  household goods  sewih-mac'hine  thr^e 
months'  provisions  two  cows,  two  hogs.  3.  A  farmer's  utensils  to  the  value  of'  three 
b^dl;edKd0llarS'  au+d  ^eam-  harness,  cart  or  wagon,  a  month's  fold  for  team  Ind  seed® 
»  be  sfown,  Wlth!u  ?ix  months.  4.  A  mechanic's  tools  to  the  value  offlve  hundred 
dollars;  notary's  seal;  instruments  of  surgeon,  dentist,  surveyor-  library  of  a  iX 
lawyer,  and  minister.  5.  The  cabin  of  a  miner,  Aot  exceedinViii Tvalue ^flv4  hundred  dol- 
lars, and  Ins  sluices  and  windlasses,  and  a  pack-horse  of  prospector  6  The  e  t m  w^on 
or  cart,  and  harness  of  teamster  or  laborer;  one  horse,  harness  and  vehicle  of ohvTicfan 
it^^^Z*^™**?*  debtor  if  necessary  for  his  fa ra fly,  for  thirty  days  prior  to 
E™!'  „^ha,re1  of  homestead  association  worth  one  thousand  dollars.  9.  Such  life  in- 
surance  as  yearly  premiums  of  two  hundred  and  fifty  dollars  will  purchase  10  Fn"ine<. 
?9nte!?aratuf?.fafirecompany.  U.  Arms  and  accoutee^ents^ 
Piu-chase-price      gS"  n°  arti°le  ShaU  be  esemPton  a  judgment  recovered  for  tfie 

deP^h^f,?*ea5.t?a^bte..declared.by-husban(i  or  wife,  by  an  instrument  executed  as  a 
fn^'    Stt'  the  Pr°Pert-Y  1S  occupied  by  them,  him,  or  her  (as  the  case  is),  be^ 

M  a  ^Tl?/wfw^y'  S  a  bo2le'  describing  the  premises.    l{  must  be  recorded.    '' 

married  Women.— Married  women  retain  the  ownership  of  all  property  acquired 
before  marriage,  and  all  acquired  afterwards  by  gift,  bequest  devise  or •descent  Hus- 
band has  control  of  wife's  property,  but  no  sate  ot  any ofi fcan  be Tmade  norUenpSed 
record^  nfth^  mstrument  executed  by  both.  The  wife  shall  execute  an^ fie  with  the 
recoider  of  the  county  a  complete  inventory  of  her  separate  property 

w0malIieK  w°man  may  become  a  sole  trader  by  a  decree  of  the  district  court. 

Females  become  of  age  at  eighteen,  and  males  at  twenty-one. 
™™£nn£™CSiPE?S-— Liens  are  given  for  labor  or  materials  furnished  and  used  in  the 
fln^l  t?,^i  alteration,  or  repair  of  any  mining  claim,  building,  wharf,  bridge,  ditch, 
«t™?',  ™ ™  V     nCS'  machinery,  road,  aqueduct  to  create  hydraulic  power,  or  any  other 
sti  ucture,  or  for  labor  on  a  mining  claim. 

0™Jer^orismal  contractor,  within  sixty  days  after  the  completion  of  his  contract,  and 
f™  J.°l  er  Person  claiming  a  lien  within  thirty  days  after  the  completion  of  the  build- 
in?  n  Jbf  i'ipairS  on  the  same,  must  file  with  the  recorder  of  the  county  a  claim  contain- 
ing a  statment  under  oath  of  his  demand,  name  of  owner  of  property,  if  known  of  his 
employer  or  person  to  whom  materials  were  furnished,  statement  of  terms  and'condi- 
m^npl^h  IaC-'  and  description  of  property.  Suit  to  foreclose  lien  must  be  com- 
menced within  ninety  days  after  filing. 


38  matthewb's  guide. 

UoBTOAam     Mortgages  on  real  property  are  ltons  merely ;  they  must  beacknow  lodged 
Isauvl  duly  recorded.    Thej  can  !»•  foreclosed  only  by  action  in  adistrict  court. 

XI for  redemption  on  sale,  six  months.    Mortgages  are  discharged  by  satisfh 

i ted, or  by  receipt  <>n  margin  ;  but  an  affidavit  that  ;iil  taxes  assessed  <>n 
the  mortgage  have  been  paid  must  be  made  before  a  discharge  can  be  entered. 

Wills.— Wills  may  be  made  by  any  person  eighteen  5  ears  old.    Two  witnesses  are  re- 
anired.  who  must  Blgn  In  presence  of  each  other  and  <>i  the  maker  of  the  will,  who  ;ils.> 
11  the  presence  ofthe  witnesses.    Hut  these  formalities  arc  not  aeoessarj  u  the  will 
lanuncupath  iphlc. 


INDIAN  TERRITORY: 

So-called.  An  unorganized  Territory  formed  out  of  the  "Louisi- 
ana Purchase  "  ceded  in  1803  to  the  United  States  by  France.  The 
act  of  June  30,  L834,  Bee.  1,  declared  that  all  that  part  of  the  United 
States  west  of  the  Mississippi  river  an<l  uot  within  the  States  of  Mis- 
souri and  Louisiana,  or  the  Territory  of  Arkansas,  and  also  that  part 
ofthe  United  States  east  ofthe  Mississippi  river,  and  not  within  any 
State  to  which  the  Indian  title  has  uot  been  extinguished,  shall  be 
taken  and  deemed  to  be  the  Indian  Country. 

Extends  from  latitude  33°35'  to  37°  north.     Unsurveyed. 

Original  area  much  reduced  by  the  severance  of  parts  in  the  forma- 
tion of  States  and  Territories.  Present  area:  In  square  miles,  64,- 
222.73 j  in  acres,  41,102,546. 

Area  west  of  98°  longitude,  13,740,223  ;  area  east  of  98°  longitude, 
27,362,323;  total,  41,102,546. 

Area  of  unoccupied  land  west  of  longitude  98°,  3,683,605  acres. 

Western  portion  mostly  an  arid  plain. 

Rivers  and  water  plentiful  in  other  portions. 

A  strip  of  land  ceded  by  Texas  between  the  100th  and  103d  me- 
ridians improperly  regarded  as  included  in  the  Territory. 

Number  of  Indian  tribes  occupying  reservations  41, the  principal  of 

which  are  what  are  called  "the  hive    Civilized    Tribes  or  Nation-;."  to 

wit :  the  <  Iherokees,  I  Ireeks,  I  Ihickasaws,  <  Ihoctews,  and  Seminoles. 
Number  of  agencies,  v. 
Total  Indian  population,  75,798. 
Indian  population  west  of  98°  longitude,  7,615 ;   Indian  population 

of  98*  longitude,  68,183. 
Population  of  the  Five  ( Jivilized  Tribes,  to  wit :  <  iherokees,  23,000  ; 
Choctaws,    In1'1'":    Chickasaws,  6,000;    Creeks,    11.000;    Seminoles, 
i;  total,  64,000;  occupying  lands  in  southern  and  eastern  part 

of  the  Territory. 

Areas  of  land-  held  by  the  Five  Civilized  Tribes,  to  wit  :  Cheroket 
lands.   5,031,351    acres;    ('reek   lands,  3,040,495   acres;    Chickasaw 
lands,    1,650,935  acres;    Choctaw  land-.  6,688,000  acres;    Seminole 
la,  375,000  acres ;  total,  L9,785,781  acres.     Unsurpassed  for  fertil- 
ity and  versatility  of  productions. 

The  most  valuable  of  the  rich  and  choice  lands  already  appropri- 
ated by  the  wealthy  among  the  Indians.  Baronial  estates  in  cultiva- 
tion exceeding  1,000  acres.  Farm  laborers  mostly  Indians,  hut  fre- 
quently the  estates  are  cultivated  by  white  laborers  under  control  of 


MATTHEWS 's    GUIDE.  35) 

the  Indian  proprietors.  Washita  valley  in  Chickasaw  Nation  almost 
a  solid  form,  cultivated  by  white  labor  with  Chickasaw  landlords. 
Farms  of  1,000,  4,000,  and  8,000  acres.  Theoretically  under  their 
constitutions  and  laws,  and  their  treaties,  all  Indians  are  entitled 
equally  to  ownership  in  common  of  the  land,  but  practically  these 
lands  are  monopolized  by  the  wealthy  and  powerful.  The  rich 
among  them  are  becoming  richer  and  the  poor  are  sinking  into  a  con- 
dition of  semi-slavery. 

Each  of  the  civilized  tribes  or  nations  manages  its  own  affairs  under 
a  constitution  modeled  upon  that  of  the  United  States,  and  the  laws 
enacted  in  pursuance  of  its  provisions. 

Each  has  its  own  system  of  public  schools,  complete  in  appoint- 
ments and  well  managed.  Teachers  generally  Indians.  Text  books 
in  English. 

Tahlequah  the  Cherokee  capital ;  Tishomingo  the  Chickasaw  capi- 
tal; Tushkahoma  the  Choctaw  capital ;  Muscogee  the  Creek  capital  ; 
Union  Agency  that  of  the  Seminoles. 

Railroads  (12  in  number)  traverse  the  Territory  affording  ample 
transportation  of  all  kinds. 

Not  open  to  settlement  by  whites. 

Strictly  guarded  by  the  United  States  and  Indians  against  all  in- 
trusion by  white  men. 

No  census. 


OKLAHOMA: 

Signifying  "Red  Man's  Land."  Situated  in  heart  of  the  so-called 
Indian  Territory. 

Estimated  area:  In  square  miles,  2,933.28;  in  acres,  1,887,300. 

A  beautiful  tract  of  prairie  and  timber  country,  well  watered,  and 
regarded  as  the  garden  spot  of  the  Mississippi  valley. 

Agricultural  and  timber  resources  described  as  unbounded. 

Climate  delightful. 

Bill  pending  before  Congress  for  its  organization  as  a  Territory.  The 
early  passage  of  this  or  some  similar  bill  for  a  like  purpose,  and  the 
opening  of  these  valuable  lands  to  settlement  under  our  land  laws, 
confidently  expected. 

No  Man's  Land  : 

Or  Public  Land  Strip.  Estimated  area,  3,672,640  acres.  A  fine; 
and  compact  body  of  farm  land.  Two-thirds  of  bottom  lands  of  best 
character.     Covered  with  buffalo  grass,  and  adapted  to  cattle  grazing. 

No  government  or  court  jurisdiction.  Its  only  occupants  a  few  in- 
truding cattlemen. 

Proposed  to  include  it  in  Oklahoma,  a  bill  for  the  organization  of 
which  as  a  Territory  is  now  pending  before  Congress. 


40  MATTHEWS'fl    QUID?. 

IOWA  : 

The  French  form  of  an  Indian  word  signifying  the  "Drowsy"  or 
the"£         <  It  i8also  called  the  "Hawkeye  State."    Formed 

out  of  the  so-called  "Louisiana  Purchase"  ceded  to  the  United  States 
in  1803  by  France.  In  1>()">  itwas  Included  in  the  Terrritory  of 
Louisiana  ;  in  1812  in  thai  of  Missouri ;  in  ISM!  in  that  of  Michigan  ; 
in  1836  in  thai  of  Wisconsin  ;  and  by  the  act  of  June  12,  1838,  it  was 
organized  as  a  Territory  under  the  name  of  Iowa.  Admitted  as  a 
State  December  28,  1846. 

Area  :  In  Bquare  miles,  55,045;  in  acres,  35,288,800. 

Area  of  planted  timber,   120,737    acres;    area  in   natural   timber, 
2,164,287  acres. 

Population  (1885),  1,753,980. 

Des  Moines  is  the   metropolis   and   capital:    population,   32,469. 
Population  of  Dubuque,  26,330;    of  Davenport,  23,830;  of  Burling- 
23,459  ;  Council  Blufis,  21,557. 

tited  States  ports  of  entry:  Keokuk,  Burlington,  and  Dubuque, 
aides,  99. 

Temperature  at  Davenport,  in  winter,  21°  to  37°;    in  summer,  70° 
to  76°;  rainfall,  at  Muscatine,  43  inches. 

Agricultural  Statistics  : 
Number  of  Gums  (1884),  185,351. 

Average  size  of  farms,  142  acres;  area  of  improved  land,  20,189,894  acree  ; 
area  of  land  in  cultivation,  12,K74,865  acres;  area  of  unimproved  land,  8,058,- 
acres;  area  in  pasture,  5,265,S58. 
Average  value  per  acre,  cleared  land,  $27.36  ;  woodland,  $39.36. 
Farm  pro. In.  ts— crop  of  1886:  Indian  corn :  Product,  198,847,000  bushels;  area 
in  crop,  7,927,019  acres  ;  average  yield  per  acre.  :_'•">. l  bushel- ;  value  per  bushel,  SO 
cents;  total  valuation,  $59,654,100.  Wheat:  Product,  32,455,000  bushels ;  area  in 
crop,  2,6.57,105  acn- :  average  yield  per  acre,  12.2  bushels;  weight  per  bushel,  57 
pounds;  value  per  bushel,  60  cents;  total  valuation,  119,473,000.  Rye:  Product, 
[,700,000  bushels ;  area  in  crop.  124,98 1  acres  ;  average  yield  per  acre.  13.6  bushels; 
value  per  bushel,  42  cents;  total  valuation,  $714,000.  Oats:  Product,  78,454,000 
bushels;  area  in  crop,  2,298,752  acres  ;  average  yield  per  acre,  34.1  bushels;  value 
per  bushel,  23  cut-:  total  valuation,  $18,044,420.  Barley:  Product,  5,045,000 
bushels;  area  in  crop,  224^519  acres ;  average  yield  per  acre,  22.5  bushels;  value 
per  bushel,  45  cents;  total  valuation,  $2,270,250.  Buckwheat:  Product,  234,000 
bushels;  area  in  crop,  24,608  acres ;  average  yield  per  acre,  9.5  bushels ;  value 
per  bushel,  62  cents ;  total  valuation.  $145,080. 

ttoes:  Product,  7,577,000  bushels;  area  in  crop,  140,314  acres;  average  yield 
re,  54  bushels ;  value  per  bushel  47 cents;  total  valuation, $3,561,190. 
Hay:  Product,  4,137,844  tons;  area  in  crop,  8,673,875  acres ;  average  yield  per 
acre,  1.13  ton  ;  value  per  ton,  $5;  total  valuation,  $20,689,220. 
1  area  in  en. pot'  lssfi,  1 7,0, (),s,  0  acres. 
Total  vain.- of  crop,  $124,551; 

08usofl8a5:  Broom  corn:  Acreage, 2,628;  product,  2,740  tons.    Hope: 
A.-i  product,  :;,714  pounds. 

jhum:  Area,  25.337  acres;  Byrup,  1,971,818  gallons;  BUgar,  73,583  pom 
tyrup,  0,i7'.i  gallons ;  maple  sugar,  19,266  pounds. 

hard  product-:  Apples, 4,118,591  bushels;  pears,  4,132  busliels;  peaches, 
1,356  bushels ;  plums, 69,017  bushels;  .berries,  Lo3,024  busliels. 
Value  of  orcliard  product-,  $1,973,1 


MATTHEWS'S    GUIDE.  41 

Vineyards :  Area,  444  acres ;  product— grapes,  1,672,719  pounds ;  wine,  33,717 
gallons. 

Grapes  not  in  vineyard :  Product— grapes,  7,423,677  pounds ;  wine,  50,523  gal- 
lons. 

Value  of  products  of  vine,  $429,297. 

Dairy  products :  Milk  sold  or  sent  to  factory,  21,971,419  gallons ;  cream  sold  or 
sent  to  factory,  14,721,732  gallons ;  butter,  48,326,757  pounds ;  cheese,  942,099 
pounds. 

Value  of  dairy  products,  $13,797,327. 

Chickens:  Number,  11,244,051;  eggs  produced,  30,231,781  dozen.  Value  of 
poultry  and  eggs,  $3,951,579. 

Apiary:  Bees,  148,384  stands;  honey,  1,997,931  pounds  ;  wax,  35,064  pounds. 

Value  of  products  of  hive,  $332,828. 

Flax :  Acreage,  303,078 ;  seed,  2,663,073  bushels ;  liber,  119,474  pounds  ;  straw, 
94,653  tons. 

Farm  animals,  January  1,  188S:  Horses:  Number,  1,003,022;  average  price, 
$73.81 ;  value,  $74,032,082.  Males :  Number,  45,649  ;  average  price,  $86.23  ;  value, 
$3,936,540.  Milch  coivs:  Number,  1,225,432;  average  price,  $23.30 ;  value,  $29,- 
251,566.  Oxen  and  other  cattle :  Number,  2,095,253  ;  average  price,  $20.35  ;  value, 
$42,633,795.    Hogs:  Number,  4,148,811 ;  average  price,  $6.74  ;  value,  $27,969,624. 

Sheep :  Number,  408,478 ;  average  price,  $2.41 ;  value,  $985,249. 

Wool  clip  (1884),  2,289,430  pounds. 

Manufactures  (1880) : 

No.  of  establishments,  6,921 ;  capital,  $33,987,886  ;  average  number  of  hands 
employed,  28,372 ;  annual  wages  paid,  $9,725,962  ;  value  of  materials,  $48,704,311. 

Value  of  products :  Agricultural  implements,  $1,271,872 ;  carriages  and  wagons, 
$2,212,197;  men's  clothing,  $1,508,398;  flouring  and  grist  mills,  19,089,401; 
foundry  and  machine  shops,  $1,594,349,  furniture,  $1,293,504;  distilled  liquors, 
$288,000;  malt  liquors,  $1,653,851 ;  sawed  lumber,  $6,185,628 ;  printing  and  pub- 
lishing, $1,399,289 ;  saddlery  and  harness,  $2,068,486 ;  sash,  doors,  and  blinds, 
$1,286,072;  slaughtering  and  meat  packing,  $11,285,032 ;  tinware,  copperware, 
and  sheet-iron  ware,  $1,198,804 ;  tobacco,  cigars,  etc.,  $830,097 ;  woolen  goods, 
$679,904,  etc. 

Total  value  of  products,  $71,045,926. 

Coal  output  in  1885,  3,585,737  tons. 

Railroads,  June  30,  18S7:  Mileage,  3,496.77 ;  total  track,  3,834  miles ;  locomo- 
tives, 255 ;  total  revenue  cars,  7,866. 

Total  number  of  men  employed  in  1884  by  the  railroads,  24,190. 

Assessed  valuation  of  property,  $489,660,081. 

School  Statistics  (1886): 

Whole  No.  of  schools,  graded  and  ungraded,  14,829 ;  average  duration  in 
months,  7.3  ;  No.  of  teachers,  males,  5,927 — females,  18,948 ;  total,  24,675.  Average 
monthly  compensation  of  teachers:  males,  $3842 — of  females,  $29.10. 

School  population  between  the  ages  of  5  and  21 — pupils  enrolled  in  public 
schools,  638,156;  average  cost  of  tuition  per  month  $2.18  ;  total  average  atten- 
dance, 284,567. 

School  houses— number,  12,444;  value,  $11,360,472.  Value  of  apparatus,  $259,- 
375.    No.  of  volumes  in  library,  46,527. 

Private  colleges,  24;  universities,  7;  schools,  175;  seminaries,  9;  total,  215. 
Pupils,  21,856. 

State  elections  annual  on  Tuesday  after  second  Monday  in  October, 
excepting  years  of  presidential  elections,  when  presidential,  congres- 
sional, and  State  elections  occur  together;  State  senators,  50 ;  repre- 
sentatives, 100;  sessions  of  legislature  biennial  in  even-numbered 
years,  meeting  second  Monday  in  January;  no  limit  of  sessions; 
terms  of  senators,  4  years — of  representatives,  2  years. 


42  matthewsjs  guide. 

Electoral  college,  13. 

1.  gal  Interest  rata,  6  per  cent  ;  by  contract,  1"  per  cent  ;  usury  for- 
feits l<>  per  cent  on  amount 
Prohibition  adopted  by  State. 

State  Lwv-  in  Relation  r  i  Deeds,  Dower,  Ibis,  bjjt  a\m>  Distetbi  won  or  Phof- 

BRTY,  MARRIED  WiiMKN,  MECHANICS'   LlENS,  MORTGAGES,  AND  Wilis. 

Deeds.— Deeds  mil-.!  i)i'  in  writing  and  subscribed  i>y  the  grantor.  No  particular 
forms  ;uv  prescribed,  and  as  between  the  parties  conveyances  are  valid  without  being  ac- 
knowledged or  recorded*  Deeds,  when  properly  acknowledged,  may  be  recorded  In  the 
office  "i  the  county  recorder  at  any  time;  but  no  instrument  affecting  real  eastate  is  of 
any  validity  against  subsequent  purchasers  tor  a  valuable  consideration  without  notice 

iniN  — ^  recorded  In  the  office  of  the  recorder  of  deeds  of  tb unity  in  which  the  land  u<'s. 

It  shall  uot  I"-  deemed  lawfully  recorded  unless  it  has  been  previously  acknowledged  or 
i  as  provided  by  law. 

i  leedfl  within  the  State  must  be  ackowledged  before  some  court  having  a  Beat,  or  some 
judge  or  clerk  thereof,  or  some  justice  of  the  peace  or  notary  public,  or  a  county  auditor 
or  his  deputy,  or  any  deputy  clerk  of  court. 

Instruments  affecting  real  estate,  executed  out  of  this  8tater  but  within  the  Unitt  <i  State*, 
must  be  acknowledged  before  some  court  of  record,  <>r  officer  holding  the  seal  thereof  or 
before  some  commissioner  of  deeds  appointed  by  the  governor  of  this  State,  or  before 
some  notary  public  or  justice  of  the  peace:  and  when  before  a  justice,  a  certificate  under 
the  official  seal  of  the  proper  authority,  or  the  official  character  of  said  justice  and  of 
his  authority  to  take  such  acknowledgments,  and  of  the  genuineness  of  hi.s  signature, 
shall  accompany  said  certificate  of  acknowledgment. 

in  every  conveyance  of  real  estate  the  Joining  of  the  wife  with  her  husband  Is  deemed 
sufficient  to  pass  all  her  interest  In  the  property,  either  as  bis  wife  or  in  her  own  right. 
Also  see  Dower. 

Witnesses  to  deeds  are  not  required. 

Conveyance  by  corporations  may  be  executed  by  any  officer  thereof,  qualified  thereto 
by  charier  or  laws  ofthe  corporation,  by  giving  his  title  as  Buch  officer,  certifying  that  ho 
Is  duly  authorized  to  act,  and  by  attaching  the  seal  of  the  corporation, 

'-are  not  required.  Thewifeisnol  required  to  be  examined  separate  and  apart 
from  her  husband,  but  Bhe  must  join  in  conveyance  to  bar  dower.  Her  signature  can  bo 
proven.  A  married  woman  may  convey  her  interest  in  real  estate  in  the  same  manner 
as  other  persons. 

Trust  Deeds— Of  real  or  personal  property  may  be  executed  as  securities  for  the  per- 
formance of  contracts,  and  shall  be  considered  as  and  foreclosed  like  mortgages;  no  deed 
of  trust,  or  mortgage  of  real  estate,  wit  li  or  without  power  of  sale,  made  since  April  l, 
mall  beforclosed  In  any  other  manner  than  by  action  in  court  by  equitable  pro- 
ngs. 
Descent  and  Distribution  ok  Property.— Subjects  to  rights  of  dower  and  other 

charges  thereon,  the  estate  Of  an  intestate  shall  descend  in  equal  shares  to  his  children. 
The  heirs  Of  any  deceased  child  shall  inherit  his  share  In  same  manner  as  though  such 
child  had  outlived  bis  parent.  If  the  intestate  leaves  no  Issue,  one-half  his  estate  shall 
goto  bis  pareuts,  the  other  to  bis  wife;  If  he  leaves  no  wife,  the  whole  thereof  shall  go  to 
his  parents,  or  the  survivor  of  them,  if  both  parents  be  dead,  the  portion  which  would 
have  fallen  to  their  share,  or  either  of  them,  shall  be  disposed  of  In  the  same  manner  as 

it  they  had  outlived  the  Intestate  and  died  in  possession  thereof\ands i,  through 

ascending  ancestors  and  their  issue,  If  still  there  be  property  uninherlted  it  shall  escheat 
to  the  Stale. 

The  personal  property  ofa  decedent  not  necessary  for  the  payment  of  debts,  nor  other- 
wise disposed  of,  uhall  be  distributed  to  the  same  persons,  and  In  the  same  pro  port  ions, 
as  though  it  were  real  estate. 

Do  WICK— Is  abolished,  but  if  the  wife  survive  her  husband  she  has  one-third  in  value 
of  all  the  legal  and  equitable  estates  in  real  property  possessed  by  the  husband  at  any 
time  during  the  marriage,  which  have  not  been  sold  OU  execution  or  any  other  judicial 
■ale,  and  to  which  the  wife  has  made  no  relinquishment  of  her  right.  (Code.  1878,  i  L'llO.) 
The  same  provisions  are  applicable  to  I  he  husband  ofa  deceased  wife.     Each   is  en!  it  led 

to  the  -a  me  rlghl  In  the  estate  of  the  other.    The  estate  by  curtesy  Is  abolished. 

Exemptions,  'loan  unmarried  person  uol  the  head  ofa  Family  and  to  uou-resl dents 
there  U exempt  from  cxecuJ Ion  their  own  ordinary  wearing  apparel  and  trunks  neces- 
sary to  con  talu  the  same,  if  the  debtor  Is  a  resident  of  this  Slate,  and  Is  the  head  of  a 
family,  he  may  bold  cxempl  from  cxeeul  ion  the  following  property  :  wearing  apparel  of 

himself  and    family,  kcpl  lor  a  el  11:1 1  use  and  suitable    to  t  heir  condition,  and  Hie  Hunks 

i>ii iniii  i  be  sit ;  one  imiskcl  or  ride, aud shot-gun;  all  private  libraries,  Family  bible, 

portraits,  phrtnivs,  musical  instruments  and  paintings,  not  kept  for  sale;  a  pew  In 
church  ;  a  lot  in  burying  ground,  nol  to  exceed  one  aire  ;  two  cows  and  ca  If;  one  horse, 
u  ii  less  u  horse  is  exempt  as  hereinafter  provided;   Fifty  sheep  and  the  wool  therefrom. 

mid  the  materials  manufactured    from  such  wool  ;  six  stands   of  bees;  Mve  hogs,  ami  all 

pigs  under  six  months;  I  ho  necessary  rood  for  all  animals  exempt  from  execution  for 

six  moii I  lis  ;  all  Max  raised  I iy  I  be  defendant  nil  mil  exceeding  one  acre  of  ground  ami 
the  manufactures  therefrom  ;  one  bedstead    and  the    necessary  bedding  for  every  two  in 

the  Family;  all  cloth  manufactured  by  the  rfefendaul  nol  exceeding  one  hundred  yards; 
nold  ami  kitchen  furniture  not  exceeding  two  hundrded  dollars  In  value;  all  spin- 


MATTHEWS  S    GUIDE. 


4o 


ning  wheels  and  looms,  one  sewing  machine,  and  other  instruments  of  domestic  labor 
kept  for  actual  use;  the  necessary  provisions  and  fuel  for  the  use  of  the  family  for  six 
months;  t  ho  proper  tools,  instruments,  or  hooks  of  the  debtor,  if  a  farmer,  mechanic, 
surveyor,  clergyman,  lawyer,  physician,  teacher,  or  professor;  the  horse,  or  team  con- 
sisting of  not  more  than  two  horses  or  mules,  or  two  yoke  of  cattle  and  t be  wagon  with 
the  proper  harness  or  tackle,  by  the  use  of  which  the  debtor,  if  a  physician,  public 
officer,  farmer,  teamster,  or  other  laborer,  habitually  earns  his  living:  and  to  the  debtor, 
if  a  printer,  there  is  also  exempt  a  printing  press  and  the  types,  furniture,  and  material 
necessary  for  the  use  of  such  printing  press  and  a  newspaper  office  connected  I  herewith, 
not  to  exceed  in  value  twelve  hundred  dollars.  But  if  the  debtor,  being  the  head  of  a 
family,  has  started  to  leave  the  State,  lie  will  have  exempt  only  the  ordinary  wearing 
apparel  of  himself  and  family,  and  seventy-five  dollars'  worth  of  property  in  addition, 
to  be  selected  by  himself.  But  no  exemptions  shall  extend  to  property  against  an  exe- 
cution issued  for  the  purchase  money  thereof.  The  earnings  of  a  debtor  for  his  personal 
services  at  any  time  within  ninety  days  next  preceding  the  levy  are  also  exempt.  If  a 
debtor  is  a  seamstress,  one  sewing  machine  shall  be  exempt  from  execution  and  attach- 
ment. 

The  homestead  of  every  head  of  a  family  is  exempt  from  judicial  sale.  It  may  be  sold 
on  execution  for  debts  contracted  prior  to  the  purchase  of  such  homestead;  or  for  those 
created  by  written  contract,  expressly  stipulating  that  it  is  liable  therefor.  If  within  a 
town  plat,  it  must  not  exceed  one-half  acre  in  extent,  and  if  without  it  must  not  embrace 
in  the  aggregate  more  than  forty  acres  ;  and  in  each  case  embraces  all  the  buildings  and 
improvements  thereon  without  limitation  as  to  value.  Upon  the  death  of  either  husband 
or  wife  the  survivor  may  continue  to  possess  and  occupy  the  whole  homestead.  If  there 
is  no  survivor  and  no  will  the  homestead  descends  to  the  issue  of  either  husband  or  wife, 
and  is  to  be  held  exempt  from  any  antecedent  debts  of  their  parents  or  their  own. 

Money  received  as  a  pension  from  the  United  States  is  exempt,  whether  pensioner 
is  a  head  of  a'family  or  not,  and  a  homestead  purchased  with  such  pension  money  is 
exempt  from  all  debts  whether  contracted  prior  or  subsequent  to  such  purchase.  (Ch. 
23, 20th  G.  A.)  .   j  .     i  ,       ,. 

Married  Women.— A  married  woman  may  own,  m  her  own  right,  real  and  personal 
property  acquired  by  descent,  gift,  or  purchase,  and  manage, sell, convey, and  devise  the 
same  by  will  to  the  same  extent  and  in  the  same  manner  that  the  husband  can  property 
belonging  to  him ;  and  she  may  receive  the  wages  of  her  personal  labor  and  maintain 
an  action  therefor  in  her  own  name  and  hold  the  same  in  her  own  right.  Neither  hus- 
band nor  wife  is  liable  for  the  debts  or  liabilities  of  the  other  incurred  before  marriage; 
and  they  are  not  liable  for  the  separate  debts  of  the  other ;  nor  are  the  wages,  earnings, 
or  property  of  either,  nor  is  the  rent  or  income  of  such  property  liable  for  the  separate 
debts  of  the  other.  Contracts  may  be  made  by  a  wife  and  liabilities  incurred,  and  the 
same  enforced  by  or  against  her,  to  the  same  extent  and  in  the  same  manner  as  if  she 
were  unmarried.  A  married  woman  may  in  all  cases  sue  and  be  sued,  without  joining 
her  husband  with  her,  except  in  cases  where  the  cause  of  action  exists  in  favor  of  or 
against  both.  ,        ,.         „,,,.,, 

The  expenses  of  the  familvand  the  education  of  the  children  are  chargeable  upon  the 
property  of  both  husband  and  wife,  or  either  of  them,  and  in  relation  thereto  they  may 
be  sued  jointly  or  separately. 

A  married  woman  can  make  contracts  in  her  own  name,  buy  goods,  give  notes  in  set- 
tlement of  purchase,  etc.,  binding  her  own  separate  property,  real  and  personal.  Sepa- 
rate property  left  to  her  by  will,  before  or  after  marriage,  is  not  bound  for  her  husband's 
debts  without  act  of  hers. 

The  period  of  minority  extends,  in  males,  to  the  age  of  twenty-one  years,  and  in  females 
to  that  of  eighteen  years ;  but  all  minors  attain  their  majority  by  marriage.  A  marriage 
between  a  male  person  of  sixteen  and  a  female  of  fourteen  years  of  age  is  valid. 

Mechanics'  Liexs.— Persons  doing  work  or  furnishing  materials  on  any  building  or 
improvement  have  a  lien  on  the  buildings  and  land.  There  must  be  tiled  in  the  clerk's 
office  of  the  district  court  of  the  county,  within  ninety  .lays  after  the  work  is  done  or 
materials  furnished  by  principal  contractors,  or  within  thirty  days  by  sub-contractors,  a 
statement  under  oath'of  the  demand  due,  the  time  when  labor  was  performed  or  mater- 
ials furnished,  and  description  of  property  charged.  Statement  filed  later  is  Rood  except 
against  subsequent  purchasers  in  good  faith  and  without  notice  before  lien  filed. 

Mortgages.— Mort-a-es  must  be  subscribed  by  the  parties,  and  should  be  acknowl- 
edged and"  recorded  in'the  same  manner  as  deeds.  In  the  absence  of  stipulations  to  the 
contrary  the  mortgagor  of  real  estate  retains  the  legal  title  and  rights  of  possession.  In 
a  mortgage  given  tor  purchase-money  it  is  not  necessary  for  the  wife  to  join.  The  holder 
of  any  morl-wo  of  real  property  must  proceed  bycTvilaction  when  he  wishes  to  foreclose 
the  same.  A  mortgagor  of  real  estate  sold  under  execution  on  foreclosure  has  one  year 
within  which  to  redeem. 

The: 
morts 

acknowledged  a^d'recorded.~In"casebf  foreclosure  it  is  made  the  duty  of  the  clerk  of 
courts  to  enter  satisfaction  of  the  same.  If  satisfaction  is  not  entered  within  sixty  days 
after  being  requested  the  mortgagee  shall  forfeit  to  the  mortgagor  the  sum  of  twenty-five 

°Wills  —Any  person  of  full  age  and  sound  mind  may  dispose  by  will  of  all  his  prop- 
erty, except  what  is  sufficient  to  pay  his  debts  or  what  is  allowed  as  a^homestead,  or 
otherwise  given  by  law,  as  privileged  property,  to  his  wife  or  family.  Property,  to  be 
subsequently  acquired,  may  also  be  devised,  when  the  intention  is  clear  and  explicit 
Personal  property  to  the  value  of  three  hundred  dollars  may  be  bequeathed  by  a  verbal 
Will  if  witnessed  by  two  competent  witnesses.    A  soldier  in  actual  service,  or  a  manner 


44  MATTHEW8'a    GUIDE. 

by  a  will  bo  made  and  witnessed;  nil  other 
wills  to  be  valid  must  be  In  writing,  witnessed  by  two  competent  witnesses,  and  signed 
by  t lie  testator,  or  i>y  some  person  in  his  presence  and  by  his  express  direction.  No  sub- 
Bcriblng  witness  to  a  will  can  derive  any  benefll  therefirom  unless  there  be  two  disinter- 

•  the  same 
Wills  that  are  valid  where  made  are  valid  in  this  State.     If  probated  in  any  other.State 

or  country,  they  shall  be  admitted  to  probate  In  this  State  on  the  production  of  a  copy 
of  such  will  and  of  the  original  record  of  probate  thereof,  authenticated  by  the  attes- 
tation of  the  clerk  of  the  court  In  which  such  probation  was  made;  or.  If  there  be  no 
clerk,  by  the  attestation  of  th<-  judge  thereof,  and  by  the  seal  of  office  of  such  officers,  if 

they  have  a 

wills,  foreign  or  domestic,  must  be  probated  before  they  can  be  carried  into  effect 
Wills  arc  recorded  in  a  book  kept  for  that  purpose  iu  the  office  of  the  clerk  of  the  dis- 
trict, court- 


KANSAS  : 

An  Indian  word  signifying  "Smoky  Waters"  as  also  "  Good  Potato." 
The  State  i.s  also  called  "The  Garden  of  the  West."  Visited  in 
1641  by  the  Spaniards,  and  in  1719  by  the  French.  Embraced  in 
tin-  Bo-called  "  Louisiana  Purchase"  from  France  in  1803,  and  for  some 
time  included  in  the  Indian  Territory.  Organized  into  a  Territory  by 
the  act  of  May  30,  1854,  and  subsequently,  for  several  years,  the  thea- 
tre of  a  violent  ;md  bloody  political  struggle,  practically  of  a  sanguin- 
ary civil  war,  between  the  anti  and  pro-slavery  parties  of  the  Union, 
for  possession  of  its  government  and  lands.  Admitted  as  a  State  Jan- 
uary 29,  1801. 

Ar<a:  In  square  miles,  80,891;  in  acres,  51,776,240.     Frontage  on 
Mississippi  river,  150  miles.     Solomon,  Neosho,  Salina,  Republ 
Kansas,  and  Arkansas  its  principal  rivers. 

Counties,  106. 

Temperature  at  Leavenworth,  in  summer,  74°  to  79°;  in  winter, 
25°  to  35°.     Rainfall,  31  inches. 

Topeka  the  capital :  population  23,499.    Leavenworth  the  metropo- 
I copulation,  29.268. 

Population  of  State  in  1880,  996,096. 

AOBICULTDBAL  Statistics  : 

No.  of  farms  (1880),  138,561 ;  total  landiin  farms,  21,417,408  acree  ;  improved 
land  in  farms,  10,739,566 acres. 
Total  value  offarme  Lo  L880, 1236,178,936. 
Value  of  farming  Implements  s48. 

Farm   product — crop  of   L886:     Indum  corn:  Product,  126,712,000  bushels; 

area  in  crop, 6,812,616 a  ige  yield  per  acre, 21.8  bushels;    value  per 

bushel,  27  cento  ;  total  valuation,  134^12,240.     Wheat:  Product,  14,556,000  bush- 

area  in  crop,  L272,300  acree ;  average  yield  per  acre.  1 1.4  bushels  ;  \\  i  dghtper 

busheL  57  pounds;  value  per  bushel,  &8  cento;    total  valuation,  $8,442,480. 

Product,  2,l2s,ooo  bushels:  area  in  crop,  185,000.  acres;  average  yield,  per 

11.6  bushels ;  value  per  bushel,  41  cent-;  total  valuation  $872,480.    Oat»: 

Product,  25,516,000  bushels;  area  in  crop,  964,930  acres ;  average  yield  per  acre, 

bushels;  total  valuation,  $6,879,000.    Barley:   Product,  734,000  bushels; 

>.  \7~  acn  - ;  average  yield  per  acre,  21.3  bushele  ;  value  per  bushel, 

il  valuation,  $264,210.    Buckwheat:   Product,  20,000  bushels ; 

in  crop,  2,040  acres;  average  yield  per  acre,  9.8  bushels ;  value  per  bushel,  80 

cent- :  total  valuation  $16,000. 

Fciatoeg:  Product,  5,744,000  bushele  ;  area  in  crop,  99,031  acres;  average  yield 
per  acre,  58  bushele ;  value  per  busheL  65  cento;  total  valuation.  $3,788,000. 


MATTHEWS'S    GUIDE.  45 

Hay:  Product,  1,848,000  tons ;  area  in  crop,  L,320,000  acres ;  average  yield  per 
acre,  1.40  ton  ;  value  per  ton,  $4.40 ;  total  valuation,  $8,131,200. 

Total  area  in  crop  of  1886,  9,000,388  acres. 

Total  value  of  crop,  $02,051,240. 

Wages  of  farm  labor  per  month  by  the  year:  Without  board,  $24.25 ;  with 
board,  $16.05.  Day  wages  in  harvest*:  Without  board,$1.00;  with  board,  $1.25. 
Day  wages  of  ordinary  farm  labor :   Without  board,  $1.1 1' ;  with  board»85  cents. 

Other  farm  products  (crop  of  1887):  Sorghum  (value),  $1,794,555.  Castor 
beans:  Product,  405,488  bushels;  area  in  crop,  43,342  acres  ;  value,  $364,939.20. 
Flax:  Product,  1,400,741  bushels;  area  in  crop,  142,577  acres;  value,  $1,190,- 
629.85.  Hemp:  Product,  228,900  pounds  ;  area  in  crop,  327  acres ;  value,  $11,415. 
Broom  Corn :  Product,  42,066,600  pounds ;  area  in  crop,  70,111  acres ;  value 
$1,472,331. 

Tobacco :  Product,  444,000  pounds ;  area  in  crop,  740  acres  ;  value,  $44,400. 

Cotton :  Product,  409,750  pounds ;  area  in  crop,  1,639  acres  ;  value,  $32,780. 

Dairy  products :  Milk  other  than  that  sold  to  cheese  factories  and  creameries, 
$477,381.  Butter:  Product,  27,610,010  pounds;  value,  $4,323,403.84.  Cheese - 
Product,  496,604  pounds  ;  value,  $59,592.48. 

Value  of  poultry  and  eggs  sold,  $1,757,508. 

Orchard  products  abundant:   Apples,  pears,  peaches,  plums,  and  cherries. 

Area  of  nurseries,  25,299  acres. 

Value  of  horticultural  products  marketed,  $721,577. 

Value  of  garden  products  marketed,$923,933. 

Raspberries,  strawberries,  and  blackberries  in  great  profusion. 

Vineyards :  Area  in  vines,  6,883  acres ;  wine  made,  189,825  gallons  ;  value  of 
wine,  $189,825. 

Apiaculture :  Stands  of  bees,  31,615 ;  honey  produced,  257,780  pounds  ;  wax 
produced,  7,272  pounds ;  value  of  honey  and  wax,  $53,374. 

Farm  animals,  January  1,  1888:  Horses:  Number,  634,893;  average  price, 
$67.34;  value, $42,754,975.  Mules:  Number,  86,104 ;  average  price, $83.32 ;  value, 
$7,173,954.  Milch  coivs:  Number,  640,081 ;  average  price,  $22.41 ;  value,  $14,344,- 
215.  Oxen  and  other  cattle:  Number,  1,583,915;  average  price,  $20.37;  value, 
$32,271,946.  Sheep:  Number,  830,139;  averaee  price,  $1.76;  value,  $1,457,558. 
Hogs :  Number,  2,377,561 ;  average  price,  $5.66 ;  value,  $13,457,469. 

Adapted  for  stock  raising. 

AVool  clip  of  1886 :  Product,  2,664,319  pounds ;  value,  $479,577.42. 

Manufactures  (1880) : 

No.  of  establishments,  2,803  ;  capital,  $11,192,315 ;  average  number  hands  em- 
ployed, 12,062;  total  wages  paid  during  year,  $3,995,010;  value  of  materials, 
$21,453,141. 

Embracing  products  of  flouring  and  grist  mills,  valued  at  $11,858,022 ;  slaugh- 
tering and  meat  packing,  valued  at  $5,618,714;  also  sawed  lumber,  carriages, 
and  wagons,  iron  and  steel,  foundry  and  machine  shops,  furniture,  etc 

Total  value  of  products,  $30,843,777. 

Mine  Statistics  (1880) : 

Bituminous  coal:  Product  s  763,597  tons ;  value,  $1,498,168.  Lead:  Product, 
10,681  tons  ;  value,  $460,980.    Zinc  ore :  Product,  7,248  tons ;  value,  $477,693. 

Total  valuation  of  all  non-precious  metal  products,  $2,436,841. 

Products  of  quarries  (1880) :  Marble  and  limestone :  Number  of  quarries,  17 ; 
capital  invested,  $59,700  ;  product,  1,340,346  cubic  feet;  value,  $131,570. 

Sandstone :  Number  of  quarries,  2  ;  capital,  $14,000 ;  product,  66,000  cubic  feet ; 
value,  $11,000. 

State  asylums  at  Topeka  and  Ossawatomie  for  insane  and  feeble 
minded ;  institution  at  Wyandotte  for  education  of  the  blind ;  at 
Olathe  for  deaf-mutes. 

Total  assessed  valuation  in  1880  of  real  estate  and  personal  property,  $160,- 
891,689. 


46  MATTHEW8S    GUIDE. 

Railroads,  June  80,  1887:  Mileage,  8,404.33 ;  total  track,  9,741.17  miles;  loco- 
motives, L43;  total  revenue  caw,  8,904. 

Presidential,  congressional,  and  State  elections  Tuesday  after  first 
Monday  in  November;  senators,  40 — representatives,  125 ;  sessions 
biennial  in  odd  numbered  years,  meeting  Becond  Tuesday  in  January  ; 
limi:  i,  50days;  term  of  senators,  4  years — of  representatives, 

2  years. 

Electoral  college,  9. 

Finr  system  of  public  schools.  <  >ver  5,000  school  houses.  School 
5-21.     Attendance  69  per  cent,  of  school  population, 

Colli  g<  -  B.     State  University  at  Lawrence 

1.  gal  interest,  7  percent;  by  contract,  12  per  cent.:  usury  forfeits 
interest. 

Stats   Lawb  in    Relation  to    Deeds,  Dower,  Descent   and  Distribution  ov- 

PrOPRBTY,    M.UtRLED    WOMEN,     MECHANIC'S     LlENS,    MORTGAGES,    AND    VVlLLS. 

Deeds.— No  particular  forms  of  conveyances  or  mortgages  are  prescribed ;  bat  the 
following  are  provided  for:  . 

\nv  conveyance  in  Bubstance,  A.  1!.  conveys  and  warrants  to<  .  J>.  (insert  descrlpt 
fur  the  sum  of   Lnserl  consideration  .  property  dated,  signed,  and  acknow  [edged.  • 
fee  to  grantee,  his  heirs  and  assigns,  and  Implies  covenants  from  grantor,  heirs,  and 

sentatives,  of  lawful  seizure,  right  to  convey,  against  incumbrances,  quiet  p 
eion,  and  warranty.  

\  conveyance  in  Bubstance,  A.  B.  quitclaims  to  CD.  (insert  description  .  for  the  sum 
of  Insert  consideration),  Bigned  and  acknowledged,  Is  a  conveyance  In  quitclaim  to 
grantee,  heirs  and  assigns.  —-»..,        .     . 

\  mortgage  In  Bubstance,  A.  B.  mortgages  and  warrants  to  CD.  (description)  to  Becuro 
the  payment  of  (describe  Indebtedness  or  Its  evidence,  and  give  date  ol  payment),  dated, 
Bigned,  ami  acknowledged,  is  a  good  mortgage  to  the  grantee,  ins  heirs,  assigns,  execu- 
tors and  administrators,  with  warranty  fi i  grantor  and  legal  representatives  ol  per- 
fect title  and  against  Incumbrances:  and  If  the  words  "and  warrants"  be  omitted  from 
form,  the  mortgage  is  good  without  warranty.    (Laws,  1887,  ch.  151.) 

\-  between  the  parties,  conveyances  are  valid  without  being  recorded.  The  wife 
should  Join  with  Imi-  husband  In  the  conveyance;  but  this  is  nut  accessary  If  al  the 
time  of  the  making  of  the  deed  she  hasnever  been  aresident  ofthe  State.  Powers  ol 
attorney  to  convey  land  (as  well  as  deeds)  must  be  acknowledged  and  recorded  if 
within  the  State,  the  acknowledgment  must  be  before  some  Judge  or  clerk  of  a  court 
having  a  seal,  lustice,  notary  public,  county  clerk,  register  of  deeds,  or  mayor  or  clerk  <>i 
.in  Incorporated  city,  if  out  of  the  state,  before  some  court  ol  record,  or  clerk  or  officer 
holding  the  seal  thereof,  some  commissioner  of  deeds  for  this  State,  notary  publl 

i  j  < f  the  peace,  or  any  united  States  consul  resident  abroad.    If  before  a  foreign  justice 

■  if  the  peace,  his  official  character  must  be  certified  by  the  clerk  ol  som art  ol  record 

Unacknowledged  deeds  may  be  proved  before  any  officer  authorized  to  take  acknow- 
ledgments. The  wife  oeed  not  he  ••examined  apart  from  her  husband,"  or  "  relinquish 
her  dower."  Neither  Beats,  Bcrolls,  nor  waters  are  required  In  the  execution  ofa  deed  by 
n  private  person.  Corporations  must  execute  conveyances  under  the  corporate  seal 
The  hush  and  must  join  in  conveyance  of  wife's  property.  Anv  corporation  may  convey 
lands  by  dee, I.  sealed  with  the  common  seal  of  Che  corporation,  and  Bigned  by  the  presi- 
dent, or  the  presiding  member  or  trustee  of  said  corporation;  and  such  dee. i,  when 
acknowledgi  d  by  such  officer  to  be  the  act  of  such  corporation,  or  proved  in  the  manner 
prescribed  for  other  conveyances  of  lands,  may  be  recorded  In  like  manner  and  with  the 
i  a~  other  deeds. 

Descend  vnd  Distribution  oi    Property.  -The  homestead  is  the  absolute  property 

■  widow  and  children,  one-half  in  value  to  the  widow  and  the  other  half  to  the 

children,  when-   both   BUTVive.     If  there  are   no  children,   the   widow   is  entitled  to  the 

homestead;    if  children  are  left   and  no  widow,  the  children  take  it.    To  constitute  a 

homestead,  the  land  musl  be  occupied  by  the  family.    If  the  d ased  left  a  widow  and 

children,  the  homestead  .an not  he  divided  until  theyoungest  Child  arrive-  at  the  age  of 

majority,  unless  the  widow  again  marry.  One-half  of  all  the  real  estate  In  which  the 
husband  al  anv  time  during  the  marriage,  had  a  legal  or  equitable  interest,  which  has 
,,,,[  i„ ,  n  sold  on  execution  or  other  judicial  sale,  and  not  accessary  for  the  payment  ,,i 

debts,  and  of  which  the  wife  has  made  no  conveyance,  goes  to  the  widow;  except  Of  land 

by  husband  whose  wife  never  resided  in  the  State ;  and  this  interest  Is  in  fee 
simple,  in  other  words,  the  widow  la  an  heir.  Personal  propertj ,  exempt  from  execu- 
tion, goes  to  the  widow  and  children,  being  treated  in  the  same  way  as  the  homestead. 
The  other  half  of  real  estate  owned  by  deceased  at  the  time  of  his  death  descends  In 

equal  Kharcs  to  the  children;  or,  if ihlldren,  or  descendants  of  children,  to  the  widow. 

The  personal  property  m>l  necessary  for  the  payment  ol  debts,  or  disposed  ol  according 
lo  law.  Is  distributed  to  the  same  persons  and  in  the  same  proportions  as  if  it  were  real 


MATTHEWS'S    GUIDE.  47 

estate  For  want  of  wife  or  child,  the  whole  estate  goes  to  the  parents,  or  surviving  par- 
ent. If  both  parents  are  dead,  the  estate  is  disposed  of  as  if  they,  or  either  of  them,  had 
outlived  the  deceased  and  died  in  ownership  and  possession. 

Any  child  being  dead,  the  heirs  of  such  child  inherit  as  u  such  child  had  outlived  its 
parent.  The  rules  applicable  to  the  widow  of  a  deceased  husband  apply  equally  to  the 
husband  of  a  deceased  wife,  except  that  a  general  and  beneficial  power  may  i»-  given  to 
a  married  woman  to  dispose  of  or  devise,  without  the  concurrence  oi  her  husband,  lands 
conveyed  or  devised  to  her  in  fee.  (^  6512.)  Any  married  person  having  no  children  may 
devise  one-half  of  his  or  her  property  to  other  persons  than  the  husband  or  wile. 

Illegitimate  children  inherit  from  the  mother  and  she  from  them.  They  inherit  from 
the  lather  when  his  recognition  of  them  has  been  general  and  notorious  or  in  writing, 
and  he  from  them  if  such  recognition  has  been  mutual.  When  an  illegitimate  child 
would  inherit  from  either  parent,  such  parent  will  inherit  from  t  he  child.  Neither  hus- 
band nor  wife  can  bequeath  away  from  the  other  more  than  one-half  of  his  or  her  prop- 
erty, unless  consent  in  writing  is  given  thereto ;  and  the  survivor,  by  relinquishing  all 
rights  under  a  will,  will  inherit  as  if  no  will  existed. 

Dower.— The  estate  of  dower  is  abandoned. 

Exemptions.— The  constitution  provides  that  "  a  homestead  to  the  extent  of  one  hun- 
dred and  sixty  acres  of  farming  land,  or  of  one  acre  within  the  limits  of  an  incorporated 
town  or  city,  occupied  as  a  residence  by  the  family  of  the  owner,  together  with  all  the 
improvements  on  the  same,  shall  be  exempted  from  forced  sale  under  any  process  of 
law  and  shall  not  bealienated  without  thejointconsentof  husband  and  wife,  when  that 
relation  exists;  but  no  property  shall  be  exempted  from  sale  for  taxes,  or  for  the  pay- 
ment of  obligations  contracted  for  the  purchase  of  said  premises,  or  for  the  erection  of 


ground  all  wearing  apparel,  bedsteads,  bedding,  stoves,  and  cooking  utensils  used  by 
the  family  one  sewing-machine,  all  implements  of  industry,  five  hundred  dollars'  worth 
of  other  household  furniture,  two  cows,  ten  hogs,  one  yoke  of  oxen,  and  one  horse  or 
mule  (or  in  lieu  of  one  yoke  of  oxen  and  one  horse  or  mule  a  span  of  horses  or  mules) ; 
twenty  sueep  and  the  wool  from  the  same;  the  necessary  food  for  the  stock  above  de- 
scribed for  one  year,  either  provided  or  growing;  one  wagon,  cart,  or  dray;  two  plows, 
one  drag  and  other  farming  utensils,  including  harness  and  tackle  tor  teams,  not  exceed- 
in^  in  value  three  hundred  dollars ;  provisions  and  fuel  for  the  support  of  the  lamily,  tor 
one  year-  the  necessary  tools  and  implements  of  any  mechanic,  miner,  or  other  person, 
used  and  kept  for  the  purpose  of  carrying  on  his  trade  or  business,  and,  in  addition 
thereto,  stock  in  trade  not  exceeding  four  hundred  dollars  m  value,  and  the  library, 
implements,  and  office  furniture  of  any  professional  man.    (?  26;j7.) 

\  resident,  not  being  the  head  of  a  family,  has  exempt  his  wearing  apparel,  church 
pew  burial  lot  necessary  tools  and  implements  used  in  his  trade  or  business,  stock  in 
trad'c  not  exceeding  four  hundred  dollars;  and,  if  a  professional  man,  his  library  im- 
plements and  office  furniture.  (?  26-58.)  And  the  earnings  of  a  debtor  tor  personal  ser- 
vices for  three  months,  when  such  earnings  are  necessary  for  the  maintenance  of  a 
family  supported  wholly  or  partly  by  his  labor.    (§§  4719,  4303 ;  Laws,  1886,  ch.  111.) 

Married  Women.— The  property,  real  and  personal,  which  any  woman  in  this  State 
may  own  at  the  time  of  her  marriage,  and  the  rents,  issue,  profits,  or  proceeds  thereof, 
and  any  real,  personal,  or  mixed  property  which  shall  come  to  her  by  descent,  devise, 
or  bequest,  or  the  gift  of  anv  person  except  her  husband  shall  remain  her  sole  and  sepa- 
rate property,  notwithstanding  her  marriage,  and  not  be  subject  to  the  disposal  ol  her 
husband  or  liable  for  his  debts,    (g  3347.) 


constructed  and  repaired  by  them,  and  if  the  same  be  completed  and  not  taken  away, 
and  the  fair  charges  on  the  same  not  paid,  the  property  may  be  sold  at  any  time  after 
three  months.  Anv  mechanic  or  other  person  who  shall  furnish,  under  contract,  any 
labor  or  materials  for  erecting,  altering,  or  repairing  any  building  or  appurtenance,  or 
any  machinery  or  fixtures  in  the  same,  or  plant  or  grow  any  trees,  vines  hedges,  etc.,  oi 
shall  build  a  stone  or  other  fence,  shall  have  a  lien  on  the  buildings,  lands  and  aPPurte- 
nances.  Sub-contractors  must  file  a  statement  of  their  account  with  the  clerk  oi  the  dis- 
trict court  for  the  county  within  sixty  days  after  the  completion  of  the  buildings  eta, 
or  the  furnishing  the  labor  or  materials.  Contractors  must  hie  such  an  account  within 
four  months,  and  all  actions  to  enforce  liens  must  be  begun  within  one  year  alter  com- 
pletion of  the  work. 


of 

ertV  retains  possession  until  the  mortgage  is  duly  foreclosed  and  sheriff  sdeedde  nered 
to  the  mirchaser  Mortgages  may  be  discharged  on  margin  of  record  by  mortgagee  or 
attorney  or  assfgneei.  presence  o.  register, or  by  satisfaction  entered  on  the  mstr.ii.iem 
when  copied  on  the  margin  by  the  register;  or  by  an  independent  release  duly  acknowl- 
edged and  recorded  There  is*no  redemption  of  land  sold  under  execution  or  other  legal 
nrocpss  in  this  State      (Dass.  Comp.  Laws,  ch.  68.)  . 

PWii!i  "-Anv  person  of  full  age  and  sound  mind  and  memory,  haying  an  nteres  in 
real  oi personal  property  of  any  description  whatever,  may  give  and  devise  the  same  to 


4s  M  \  11  HI  1W8  S    oriDE. 

anv  person  by  last  will  and  testament  lawfully  executed,  BubJeot,  nevertheless,  to  the- 
riehta  -an. I  to  the  provisions  of  this  ac  wills  most  be  m  writing, 

■  by  tin-  u-stat<>r,  <>r  another  in  UN  presence  and  by  his  express  direction, 
i  his  presence  i>\"  two  "r  more  competent  witnesses  who  -aw  him  snb- 
or  heard  hiin  acltnowledgi  Compliance  with  thesi  i  nts  should 

>•  in  i  in'  witnessing  clause.    A  will  executed,  proved,  and  allowed  in  another  & 
ling  to  the  laws  or  that  State,  relative  to  property  m  this  state,  may  be  admitted 
ird  in  the  probate  court  of  the  county  in  which  Buch  property  is  situate!  by  pro- 
ducing an  authenticated  copy,  and  thereupon  has  the  same  validity  as  n'  made  in  this 
- 

iv  will,  when  admitted  to  probate,  shall  be  tiled  in  the  office  of  the  probate  court. 
and  recorded,  together  with  the  testimony,  ma  hook  to  be  kept  for  that  purpo 

Anv  person  may  make  a  will  in  writing. and  Inclose  the  same  in  a  sealed  wrapper, 

witii  tie-  name  of  the  testator  Indorsed  thereon,  and  deposit  the  will  so  inclosed  and  In- 

of  the  probate  court  In  the  county  in  which  such  testator 

he  order  of  the  testator  only  during  his  life,  and  after  his  death  to  be 
•  the  party  named  on  the  baek  of  the  package  a-  the  party  to  whom  it  is  to 
ivered;  and  if  no  sueh  party  i~  named,  then  to  be  publiely  opened  in  the  probate 
court  within  two  months  after  notice  of  the  death  of  the  testator.    Q  g  <x>72-<Jo74.) 


LOUISIANA: 

Also  culled  "  Tin:  <  Ireole  State."  Formed  out  of  territory  settled 
in  1718,  by  the  French ;  ceded  in  1702  by  France  to  Spain;  retro- 
ceded  in  L800  to  France  under  Bonaparte,  and  by  him  in  1803  ceded 
to  the  United  Si  Upon  its  original  settlement  by  the  French  it 

was  named  Louisiana  in  honor  of  King  Louis  XIV  of  France,  and 
tin-  cession  to  the  United  States  of  the  territory  of  which  it  formed 
part  is  known  as  the  "  Louisiana  Purchase."  Organized  in  1804  as 
the  Territory  of  Orleans,  it  was  by  the  act  of  January  12,  L812,  ad- 
mitted as  a  State  under  the  name  of  Louisiana. 

Area:   In  square  miles,  44,426;  in  acres,  28,432,640. 

Counties,  58. 

Nearly  equally  divided  into  hilly  and  level  lands.     Good  upland, 

about    5,250,000   acres.     Pine    hills,    5,500,000   acres.     Bluff   lands, 

1,500,000   acres.      Prairie   land,   2,500,000   acre-.      Arable   alluvial, 

res.       Wooded  alluvial,    2.750,000    acres.       Pine    flats, 

1  ..".i H i.i N H '  acres.     Coast  marsh.  .;.•">(  )0,000  acr< is. 

Soil  rich  ;  land  cheap  and  prolific. 

Improved  Land  valued  at  from  $2  to  $50  per  acre;  unimproved 
land  ;it  from  25  cents  to  $10  per  acre. 

All  swamp  lands  (about  0,000,000  acres)  owned  by  the  State. 

Forests  consist  of  pecan,  Cyprus,  oak,  pine,  hickory,  gum,  ash,  and 
other  timber. 

Baton  Rouge  the  capital  or  seat  of  State  government:  population, 
7,197.  N'  v  ( Orleans  the  commercial  metropolis,  and  until  is  17.  and 
from  L868  to  L881,  the  capital;  a  port  of  entry,  and  the  largest  cot- 
ton mart  in  the  world:  population  in  L884,  280,000.  Shreveport: 
population,  8,009.     Morgan  City,  a  port  of  entry.     Public  institution 

at  .lack-on  for  the  treatment  of  the  insane. 

Population,  940,103. 

Large  and  prosperous  German  settlement  at  Fabacher,  in  St.  Lan- 
dry parish. 

Temperature  at  New  Orleans,  in  winter,  53°  to  61°  ;  in  summer,  81* 
to  8-'}0.      Rainfall,  51  inch,  - 


MATH [EWS'S    GUIDE.  49 

Climate  never  too  hot  or  too  eold  tor  field  work.  Frosts  rare.  Sin- 
gularly free  from  protracted  drouths.  Prairies  breezy  and  cool  in  sum- 
mer, mild  in  winter,  and  dry  at  all  times. 

Mississippi  river  winds  through  State  for  a  distance  of  800  miles, 
and  is  navigable  for  2,000  miles  to  St.  Anthony  Falls.  Mississippi 
and  tributaries  estimated  as  navigable  to  steamboats  for  16,571  miles, 
and  to  barges  for  20,221  miles. 

Total  mileage  of  navigable  streams  intersecting  State  in  every  direc- 
tion, 3,771  miles. 

Vast  water  power.  Finest  mill  sites  in  the  world :  Streams  never 
freeze.  Streams  bordered  with  fields  of  excellent  cotton,  which  is 
shipped  to  New  Orleans. 

Agricultural  Statistics  : 

No.  of  farms  (1880),  48,292 ;  total  land  in  farms,  8,273,506  acres ;  improved 
land  in  farms,  2,739,972  acres. 

Total  value  of  farms,  $58,989,117. 

Farm  products — crop  of  1886  :  Indian  corn :  Product,  14,640,000  bushels ;  area 
in  crop,  935,725  acres ;  average  yield  per  acre,  15.6  bushels ;  value  per  bushel, 
55  cents;  total  valuation,  $8,052,000.  Rye:  Product,  10,000  bushels;  area  in 
crop,  1,285  acres ;  average  yield  per  acre,  7.8  bushels ;  value  per  bushel,  95 
cents;  total  valuation,  $9,500.  Oats:  Product,  361,000  bushels;  area  in  crop, 
36,138  acres  ;  average  yield  per  acre,  10  bushels;  value  per  bushel,  52  cents; 
total  valuation,  $187,720. 

Potatoes :  Product,  471,000  bushels  ;  area  in  crop,  6,728  acres ;  average  yield 
per  acre,  70  bushels ;  value  per  bushel,  92  cents ;  total  valuation,  $433,320. 

Hay:  Product,  42,882  tons  ;  area  in  crop,  40,933  acres ;  average  yield  per  acre, 
1.05  ton;  value  per  ton,  $11.50;  total  valuation,  $433,143. 

Cotton:  Product,  471,974  bales;  area  in  crop,  1,035,781  acres;  average  yield 
per  acre,  .456  bale  ;  value  per  pound,  8  cents  3  mills  ;  total  valuation,  $18,999,- 
331. 

Total  area  in  crop,  2,056,590  acres. 

Total  valuation  of  crop,  $28,175,014. 

Wages  of  farm  labor  per  month  by  the  year:  Without  board,  $15.37;  with 
board,  $11.12.  Day  wages  in  harvest:  Without  board,  92  cents ;  with  board, 
72  cents.  Day  wages  of  ordinary  farm  labor :  Without  board,  85  cents ;  with 
board,  65  cents. 

Total  wages  of  day  laborer  for  one  year  on  sugar  plantation,  $378.10. 

Total  wages  of  day  laborer  for  one  year  on  rice  plantation,  $265.60. 

Cereals,  root  crops,  fruits,  and  vegetables  mature  with  less  labor 
than  in  North  or  West,  or  in  England.  Wheat  crop  light  and  con- 
fined to  northwestern  part  of  State. 

Orchard  products  valued  at  $188,604. 

The  orange,  citron,  lemon,  mespilus,  apple,  plum,  grape,  straw- 
berry and  numerous  other  fruits  and  berries  in  all  parts  of  State,  a 
number  of  them  growing  wild  and  without  cultivation. 

Vegetables  grown  every  month  in  year. 

Tobacco  product,  55,954  pounds. 

Two  crops  a  year  grown  on  same  ground  of  corn,  sorghum,  rice,  and 
jute. 

No  failures  of  crops  from  any  cause. 

St.  Louis,  Chicago,  Cincinnati,  and  New  York  markets  for  garden 
products.     Early  garden  products  bring  fabulous  prices. 


50  MATI'III.W-"-    GUIDE. 

V(  food  tor  man  and  beast,  fresh  or  green  all 

the  3 

Farm  animals,  January  1.  1888:   Horses:  Number,  119,810;   average  price, 

•  ;  value,  I  $4,478 ;  average  price,  $88.46 ;  value, 

(7,472,811.    MUch  cows:  Number,  162,649;  average  price,  $16.30 ;  value,  $2,651,- 

179.     0  I  other  (  tifU:    Number,   270,816;    average  price,   11.33;    value, 

1,187.     Hogs:  Number,  573,821 ;  average  price,  $3.08;  value,  $1,769,663. 

S        .   Number,  113,965 ;  average  price,  $1.64 ;  value,  $186,891. 

Prairie  products :  Beef  cattle,  horses,  and  sheep.  Soil  good.  Cat- 
tle and  horses  require  no  shelter,  but  keep  fat  all  winter.  Area  of 
prairie  land  in  cultivation,  2,509,935  acres. 

<  irassi  - :  Lucerne  enormously  productive,  extremely  nutrition.-,  and 
relished  by  horses,  cattle  and  sheep.  Yield,  5  tons  of  hay  per  acre. 
One  acre  in  Lucerne  supports  5  horses  a  whole  year.  Johnson,  Ber- 
muda, and  oth<a-  grasses  grow  abundantly  throughout  the  State. 

Game  and  fish  in  great  ahundance. 

Maitotactubbs  (1880): 

No.  of  establishments,  1,553.  Capital  invented,  $11,462,468.  Average  num- 
ber of  bands  crnploved,  12,167.  Annual  wa'.'is  paid,  §4,360,371.  Value  of  ma- 
terials, $14,442,506. 

Value  Of  products:  Oil  cottonseed  and  cake,  $3,739,466;  Lumber,  sawed,  $1,764,- 
lumber.  planed,  §270,480;  rice  cleaning:  and  polishing  $1,573,281 ;  slaugh- 
tering and  meat  packing,  §1,500,000;  foundry  and  machine  Bhop,  $1,554,485 j 
sugar  and  molasses,  refined,  $1,483,000 ;  men's  clothing,  $1,079,559 ;  bread  and 
other  bakery  products,  §983,960;  cotton  compressing,  $747,500;  printing  and 
publishing, $"764,036;  tobacco,  cigars,  and  cigarettes, $506,612;  tobacco,  chewing 
and  smoking,  and  snulF,  §424.085;  malt  liquors,  $458,459,  etc. 

Total  value  of  products  of  manufactures,  §24,205,183. 

New  Orleans  making  steady  progress  in  manufactures :  cotton 
mills,  breweries,  BUgar  refineries,  iron  foundries  and  machine  shops, 
shoe  factories,  box  factories,  cigars  and  tobacco,  flouring  mills,  leather 
and  harness,  etc. 

Minerals:  Petroleum,  peat,  sulphur,  iron,  soda,  gypsum,  lime, 
ochre,  marl,  etc.,  found  in  State.  Only  rock  salt  lias  been  devoloped. 
Iron  ore  of  good  quality  scattered  in  immense  quantities  over  an  ex- 
tensive surface.  Bienville  parish  singularly  rich  in  iron  ore.  Lime 
and  inexhaustible  forests  accompany  the  beds  of  iron  ore. 

Ball  product,  312,000  bushels. 

Railroads  June  30, 1887 :  Mileage,  1,754 ;  total  track,  1,926.42  miles ;  loco- 
motive-. 1 1:; ;  total  revenue  car-.  3,904. 

Ocean  and  Gulf  communication  by  steamship  lines  with  Mexico, 
South  and  Central  America  and  with  all  parts  of  the  world. 

Public  Bchools,  both  white  and  colored. 

Electoral  college,  8. 

Legislature  and  State  officer-  elected  quadrennially;  members  of 
Congress  biennially.  State  elections  Tuesday  after  third  Monday  in 
April:  senators.  36 — representative-.  98;  sessions  biennial  in  even 
numbered  years,  meeting  Becond  Monday  in  May:  limit  <>f  session, 
60  <lays;  terms  of  senators  and  representatives,  1  years  each. 


MATTHEWS'S   GUIDE.  5J 

Legal   interest  rate,  5  per  cent.;  by  contract,  8  per  cent.:  usury 
iorteits  entire  interest.  J 

Static    Laws  ^Relation  to  Deeds,  Dower,  Descent   and    Distribution   ob 
Property,  Married  Women,  Mechanics'  Liens,  Mortgages,  and  Wilis 

or  officer  taking  acknowledgment^ he  wSfflh^l^aSfJMS^f^™]^!0?^ 
fere  whom  the  acknowledgment  is  made  howevlr  must  be  p£n2$ "criflc f  '         "  be" 

form  asto'afvktoX1'6''8  °y  corl'»r»tw°s  ""  eiecoted  by  tbe  proper  offleer  In  the  same 
•    State"  "eal  0r  SCr°"  °'  P"Vate  todividuals  Is  authorized  or  required  by  the  laws  of  this 

mismmmm 

ofwWeh^  Wbinae0in  fHe  S?me  d^gree  the  estate  is  divided  into  two  o".  a   si    res  one 
Ascendants  to  tho  ^T  SUch  "¥*£*£!*  exclbdes  those  of  a  more  remoteaegre™ 

te"  orP  their*  defcindl^  Tnfe^  noV  father'  nor  mother-  his  brothers  and  sis- 
laterals.  descendants,  inherit  to  the  exclusion  of  the   ascendants  and  other  col- 

scenda^s  fmnftwf  ^fS^0"?*  JfSUe' leaving  neither  brothers  nor  sisters,  nor  d* 
^^TeXSe^Ti^^S^tS?3  t0  hiscoUa^  Nations, 

1)owek.— See  Married  Women. 
v  „ ExE.MpT tONS.— The  Constitution  of  187!)  exempts  from  seizure    bvanvnrnwss  th« 

sssKWi^a^sSi^flie1  debt?r  and  ~«k*  s^s&aas?s?&8; 

inothe?  or  ftt ho  ™«  J!™1  °r  urban,of  every  head  of  a  family,  or  person  having  a 
wSo^Low^Slw  Persons  dependent  on  him  or  her  for  support;  also,  one 
Af  »VA„o  '  om;,waS°n  ?r  cart,  one  yoke  of  oxen,  two  cows  and  calves  twent  \  -five  head 
Pmn?fH'^'-2nte  "^'if  nd  Rounds  of  bacon  or  its' equivalent  in  pork,  whet  ler  these  ex- 
of?orn  »njdft^  aVae .ed  to  a  ho,ne*tead  °r  not,  and  on  a  farm  the  necessrv  q  mtity 
'?,li,°Ja./Vld  {odder  for  the  current  year,  and  the  necessary  farming  imolements  to  the 
value  of  two  thousand  dollars.    But  the  property  exempt' shall  in'nocse  exceed  two 


52  M.\i nil  wb'b  guide. 

thousand  dollars  iti  value;  provided,  however,  that  do  husband  shall  !>•■  entitled  t<>  the 

provided  tor,  whose  wife  shall  own  In  her  own  right  and  be  in  the  actual  en- 

property  <>r  means  to  the  amount  of  two  thousand  dollars. 

The  person  or  persons  claiming  the  benefll  of  the  homestead  and  exemptions  law 

must  execute  a  written  declaration  >»t  homestead,  which  musl  !»•  ■-worn  to  and  recorded 

in  the  i ii .ok  of  mortgages  tor  tin'  parish  where  the  homestead  claim  is  Bituated. 

Whenever  the  widow  or  minor  children  of  a  deceased  person  arc  lefl  In  necessitous 
clrcui  they  shall  be  entitled  to  demand  and  receive  from  the  succession  of  their 

tsed  father  or  husband  a  sum  which,  added  to  the  amount  of  property  owned  by 
them,  or  cither  of  them,  in  their  own  right,  will  make  u)>  the  sum  ol"  one  thousand  dol- 
nd  which  sa  ill  amount  shall  be  paid  in  preference  to  all  other  debts  except  those 
for  the  vendor's  privilege  ami  the  expenses  inclined  in  Belling  the  property.  If  this 
claim  of  the  widow  or  minor  children  u  opposed,  it  must  he  proved,  ami  necessitous 
circumstances  shown  to  exist.  The  sheriff  or  constable  cannot  seize  the  linen  and 
clothes  belonging  to  the  debtor  or  his  wife,  nor  his  bed,  bedding,  or  bedstead,  nor  thosi 
ol  hi-  family,  nor  his  arms  and  military  accout  rements,  nor  the  tools  and  instrument'-. 
and  books,  and  sewing-machines  necessary  for  the  exercise  of  his  or  her  calling,  trade 
ofesslon  by  which  he  or  she  make-,  a  living;  nor  shall  he  in  any  case  Beize  the 
rights  of  personal  servitude,  of  use  and  habitation,  of  usufruct  to  the  estate  of  a  mlnoi 
child,  nor  the  Income  of  dotal  property,  nor  money  due  tor  the  salary  of  an  officer,  not 
laborers'  wages,  nor  the  cooking-stove  and  utensils  of  the  said  stove,  oor  tin-  plates, 
dishes,  knivi  -  and  forks,  and  spoons,  nor  the  dm  in --table  and  dining  chairs,  nor  wash- 
tabs,  nor  smoothing  Irons  and  Ironing  furnaces,  nor  family  portraits  belonging  to  the 
debtor,  nor  the  musical  Instruments  played  on  or  practiced  on  by  any  member  of  the 
family. 

M  \  i:i:i  i  i>  \V"Mi  \.  -The  separate  property  of  the  wife  cannot  be  sold  by  the  husband. 
sin-  may  administer  it  herself,  unless  there  is  an  ante-nuptial  contract  to  the  contrarj 
All  property  acquired  during  marriage,  the  earnings  ol  the  joint  or  separate  labor  of  the 
s,  and  the  revenues  ol  the  separate  property  of  each,  enters  into  the  community, 
and  is  equally  divided  between  t  hem.  [n  other  words,  marriage  is  a  kind  of  partnership 
:  Its  dissolution  the  husband  and  wile  each  take  back  what  they  brought  in.  and  the 
profits,  without  any  reference  to  the  amount  of  capital  contributed  by  either,  are  equallj 

divided. 

The  wiie  ha- a  mortgage  upon  all  the  real  estate  of  her  husband  to  secure  the  repayment 

of  all. sum-  received  by  him  tor  her  account  during  marriage.  Hut  sic  may  renounce 
this  mortgage.  The  wife  has  no  dower  in  her  husband's  real  estate,  she  may  sell  her 
state  with  the  authorization  and  ass  is  ta of  her  husband. 

if  the  wile  is  a  public  merchant  she  may,  without  being  empowered  by  her  husband, 
obligate  herself  in  anything  relating  to  her  trade;  and  in  such. -use  her  husband  is  bound 
also,  it  there  exist-  a  community  or  property  between  t  hem.  she  is  considered  a  public 
merchant  If  she  carries  on  a  separate  trade,  but  not  if  she  retails  only  tin-  merchandise 
belonging  to  tin-  commerce  carried  on  by  her  husband. 

A  married  woman  cannot  bind  Herself  or  her  property  for  her  husband's  debts. 

Mechanics' Leens.— Liens  in  this  State  an-  known  as  privileges.  Architects,  con- 
tractors, and  all  persons  who  are  employed  in  constructing  or  repairing  any  building, 
and  ail  persons  who  have  supplied  tie-  owner,  agent,  or  sub-contractor  with  materials  to 
be  used  on  any  building,  have  a  lien  and  privilege  on  the  buildings  ami  lot  of  land  nol 
exceed  im;  one  acre.  The  privilege  must  be  recorded  with  the  register  of  privileges  in  the 
parish  where  the  property  is,  together  with  the  act  containing  the  bargain  made,  or  a 
statement  ol'  the  account. 

MoKio  ai.i.s — Are  in  use,  and  are  executed  before  notaries  or  by  act  under  private 
naturi  re  discharged  by  payment  ofthedebl  they  were  given  to  secure.    The 

evidence  of  discharge  i-  cancellation  upon  tin-  book-  of  the  recorder's  office,  by  tin 
recorder,  who  is  bound  to  make  this  cancellation  whenever  satisfactory  evidence  of  the 
payment  is  produced  to  him. 

Win.-. — under  the  law  of  Louisiana,  the  father,  mother,  and  descendants  of  tin 
ceased  are  called  forced  heirs,  because  they  cannot  bedepi  Ived  of  a  certain  portion  of  the 

of  their  ascendants  or  descendants.    The  portion  of  which  they  cannot  thus  b 
prived  is  called  their  legitime,  and  thai  portion  of  his  estate  of  which  the  testator  may 
lied  the  disposable  portion. 

Donations  Inter  vivos,  or  mortis  causa,  cannol  exceed  i  w<  t-thirds  of  t  he  property  of  the 
disposer,  if  he  leaves  at  his  decease  a  legitimate  child;  one-half,  if  he  leaves  i\\i>  child- 
Mid  one-third,  if  he  Leaves  three,  or  a  greater  number,    i  nder  thi  name  childr 
Lncluded  descendants  of  whatever  degree  they  be,  It  being  understood  that  they  are  only 
lubd  tor  tie-  child  they  represent. 

Donations  inter  vivos,  or  mortis  causa,  cannot  exceed- 1  wo-t  birds  of  the  disposer's  prop- 
erty, if  the  disposer,  having  no  children,  leave  a  father,  mother,  or  both. 

Any  disposal  of  property,  whether  Inter  vivos  at  mortis  causa,  exceeding  the  quantum 
of  which  a  person  may  legally  dispose  to  the  prejudice  of  the  forced  heirs,  is  not  null, 
but  only  reducible  to  that  quantum. 

in  all  dispositions  Inter  vivos  or  mortis  causa,  impossible  conditions,  those  which  are 

Contrary  to  the   laws  or  |o   morals,  are  considered   not  written.     Substitutions  and   fldei 

eommissa  are  and  remain  prohibited. 

K\ cry  disposition  by  which  the  donee,  tin-  heir,  or  legatee,  Is  charged  to  preserve  for 
or  to  rein  in  ;i  thing  to  a  i  bird  per-on,  1-  null. .  yen  with  regard  to  the  donee,  the  Institu 

ted  heir,  or  I  he  le 

The  disposition  by  which  a  third  person  is  called  to  take  the  gift,  the  inheritance,  oi 

the  legacy,  in  case  the  donee,  the  heir, or  i  he  legatee  does  not  take  it,  Bhall  not  be  oonsid- 
•  tltution.  and  shall  be  valid    The  same  Shall  be  observed  as  to  dispositions 
inti-r  vivos  ana.  m  .  by  which  tic  usufruct  is  given  to  one  and  the  naked  owner- 

ship to  anotler. 


MATTHEWS  S    GUIDE.  53 

MICHIGAN  : 

Signifying  in  the  Indian  language  from  which  it  is  derived  the 
"  Lake  Country;  "  called  also  the  "  Wolverine  or  Lake  State."  French 
navigators  skirted  its  shores  as  early  as  1612.  Jesuit  missions  are 
said  to  have  been  founded  in  the  Upper  Peninsula  in  1641.  Mar- 
quette established  a  mission  at  Sault  Ste.  Marie  in  1668,  and  another 
the  same  year  at  Michilimackinac.  These  are  regarded  as  the  first 
completely  ascertained  white  settlements  within  the  State. 

Formed  out  of  the  territory  nortlnvest  of  the  Ohio  river  ceded  in 
1783-88  to  the  United  States  by  Virginia  and  other  States ;  sepa- 
rated from  the  Territory  of  Indiana,  of  which  it  at  first  formed  a  part, 
and  organized  into  a  Territory  by  the  act  of  January  11, 1805 ;  it  was, 
by  the  act  of  January  26,  1837,  admitted  as  a  State. 

Area :  In  square  miles,  56,451 :  in  acres,  36,128,640.  Lake  shore-line, 
1,620  miles. 

Counties,  83. 

Lansing  the  capital:  population,  9,774;  Detroit  the  metropolis: 
population,  132,956 ;  Grand  Rapids  noted  for  its  thriving  manufactur- 
ing industries;  population,  41,898;  Jackson,  19,100;  East  Saginaw, 
29,085 ;  Muskegon,  17,825.  Detroit,  Grand  Haven,  Port  Huron,  and 
Marquette  ports  of  entry. 

Population  of  State,  1,853,658. 

Temperature  at  Detroit  in  winter,  24°  to  36° ;  in  summer,  67°  to 
72°.     Rainfall,  30  inches. 

Agricultural  Statistics  (State  census  of  1884) : 

No.  of  farms,  159,605 ;  acres  in  farms,  14,852,226 ;  acres  of  improved  land, 
8,974,656. 

Total  value  of  farms,  including  fences  and  buildings,  $571,443,462. 

Total  wages,  including  board,  paid  in  1883  to  indoor  and  outdoor  and  dairy- 
farm  hands,  $13,532,695. 

Farming  implements  and  machinery  valued  at  $21,897,486. 

Farm  products— crop  of  1886:  Indian  corn:  Product,  27,635,000  bushels; 
area  in  crop,  948,069  acres;  average  yield  per  acre,  29.1  bushels;  value  per 
bushel,  38  cents ;  total  valuation,  $10,501,300.  Wheat :  Product,  26,572,000  bush- 
els; area  in  crop,  1,662,721  acres;  average  yield  per  acre,  16  bushels;  weight 
per  bushel,  59  pounds;  value  per  bushel,  73  cents;  total  valuation.  $19,397,- 
560.  Rye :  Product,  300,000  bushels ;  area  in  crop,  23,463  acres  ;  average  yield 
per  acre,  12.8  bushels ;  value  per  bushel,  56  cents ;  total  valuation,  $168,000. 
Oats:  Product,  18,521,000  bushels  ;  area  in  crop, 628.116  acres ;  average  yield  per 
acre,  20.5  bushels ;  value  per  bushel,  34  cents  :  total  valuation,  $6,297,140.  Bar- 
ley: Product,  1,133,000  bushels;  area  in  crop,  50,348  acres;  average  yield  per 
acre,  22.5  bushels  ;  value  per  bushel,  58  cents ;  total  valuation,  $657,140.  Buch- 
wheat:  Product,  430,000  bushels;  area  in  crop,  39,065  acres;  average  yield  per 
acre,  13  bushels ;  value  per  bushel,  55  cents ;  total  valuation,  $236,500. 

Potatoes:  Product,  11,725,000  bushels;  area  in  crop,  146,568  acres;  average 
yield  per  acre,  80  bushels  ;  value  per  bushel,  39  cents  ;  total  valuation,  $4,572,750. 

Hay:  Product,  1.642,883  tons  ;  area  in  crop,  1,419,311  acres  ;  average  yield  per 
acre,  1.16  ton  ;  value  per  ton,  $9.50  ;  total  valuation,  $15,607,389. 

Total  area  in  crop,  4,911,661  acres. 

Total  valuation  of  crop,  $57,437,779. 

Sorghum  (State  census  of  1884)  :  Sugar,  9,421  pounds;  molasses,  56,638  gal- 
lons.  Maple  sugar,  1,945,863  pounds  ;  molasses,  171,273  gallons. 


:>[  MATTHEWS  8    GUIDE. 

Flax:  S 1,  -'ill  bushels;  straw.  2,578  tons;  fiber,  55  pounds.    Broom  corn: 

pounds  :  hops,  94,468  pounds. 

hard  products:  Apples, 4,092,806 bushels ;  peaches, 290,091  bushels.    Value 
of  orchard  products,  (2,671,161. 

Vineyards:  Grapes,  1,550,702  pounds;  wine,  24,685  gallons. 

Nurcuries:  Value  of  product,  $134,027. 

Wages  of  (arm  labor  per  month  by  the  year:  Without  board,  $25.20 ;  with 
board,  $17.  Day  wages  in  harvest:  Without  board,  $1.80;  with  board,  $1.40. 
J'.i\  wagesof  ordinary  farm  labor:   Without  board,  $1.20;  with  board,  90  cents. 

Dairy  products  (State  census  of  1884) :  Milk  Bold  or  sent  to  butter  and  cheese 
factories,  11,023,048  gallons;  butter  made  on  farms,  43,494,211  pounds;  cheest 
made  on  farms,  539,308  pounds. 

Canada  peas,  501,407  bushels;  beans  18f,,704  bushels. 

Tobacco,  33,686  pounds. 

Apiarian  products:  Eoney,  1,265,445  pounds;  wax.  29,863  pounds. 

Market  product  valued  at  $572,216. 

1   »rest  product  valued  at  $8,898,528. 

Farm  animals  (January  1.  I8S8):   II"i-.<,.<:   Number,  458,fll3;  average  price, 

);  value,  $42,126,440.    Mutes:  Number,  6,035 ;  average  price,  $103.82;  value, 

572.    Milch  cows:  Number,  137,303;  average  price,  $29;  value,  $12,681,787. 

and  other  cattle:  Product,  51 1,406  :  average  price,  $25.16  ;   value,  $12,865,948. 

11    ■  ■.  Number, 906,255 ;  average  price,$6.30;  value,  15,789,700. 

s     i< :  Number,  2,113,004 ;  average  price,  $2.72 ;  value,  $5,743,990. 

Wool  clip  (State  census  of  L884):  Fleeces,  2,724,789;  weight,  15,337,249 
pounds. 

Manufactures  (State  census  of  1884  i : 

No.  Of  establishments,  8,302.  Capital  invested,  $136,697,397.  Average  num- 
ber of  hands  employed:  Adult  males.  1.14,890;  females,  8,245;  children  and 
youths,  5,872 ;  total,  128,918.    Total  wages  paid,  $44,213,739. 

Agricultural  implements,  flouring  and  grist  mills,  foundries  and  machine 
shops,  wagons,  barrels,  breweries,  brick  and  tile,  butter  and  cheese  factories, 
furniture,  leather,  woolen  mills,  etc. 

Lumber  the  great  manufacturing  Interest  of  the  state.  Number  of  establish- 
ments, 1,649  :  capital  employed,  $39,260,428;  hands  employed,  22,875;  children 
an<l  youth.  1,360;  annual  wages  paid,  16,967,905;  value  of  logs,  $30,819,003 ; 
value  of  mill  supplies,  $1,432,369 ;  value  of  all  materials,  $32,251,372 ;  lumber, 
sawed,  4,172,572,000  feet  board  measure:  total  value  ..fall  products,  $52,449,928. 

Mines  : 

Coal,  copper,  iron,  gypsum,  plaster,  >tu. lime,  grindstones,  and  building 

stone. 

Number  of  mines,  106 ;  capital  Invested,  $41,441,962 ;  hands  employed,  13,193; 
total  wages  paid  per  annum,  $6,286,355. 

Copper  mine- in  Keewenaw- Ontonagon,  and  Haughton  counties; 
iron  in  Delta  and  Marquette  counties;  coal  in  Shiawassa,  [ngham, 
Eaton  and  Jacksoo  counties. 

Fisheries:  Number,  316;  capital  invested,  (702,365;  hands  employed,  1,338 
total  wages  paid  per  annum,  $253,683. 

Valuable  fisheries  (whitefiah  and  trout)  a1  An  Sable.  Detroit,  and 
Grand  Haven. 

Salt  product,  3,252,175  pound-. 

Railroads,  June  30, 1887 :  Mileage,  5,012.13 ;  total  track,  6,603.54  miles;  loco- 
motives, 814;  total  revenue  cars,  23,452, 


MATTHEWS  S    GUIDE.  55 

School  Statistics: 

District  schools  :  Nufiaber, 6,322  ;  total  salaries  to  teachers,  $1,424,245  ;  average 
attendance,  159,148  ;  value  of  school  property,  $4,025,934. 

Parochial  schools  :  Number,  101  ;  total  salaries  to  teachers,  $103,333  ;  average 
attendance,  18,933  ;  value  of  school  property.  $444,305. 

Graded  schools  :  Number,  5.34  ;  total  salaries  to  teachers,  $1,289,350  ;  average 
attendance,  113,146  ;  value  of  school  property,  $6,926,025. 

Seminaries  and  academies  :  Number,  13;  total  salaries  to  teachers;  $34,997; 
average  attendance,  1,180  ;  value  of  school  property,  $281,000. 

Colleges:  Number,  12;  total  salaries  to  teachers,  $05,998;  average  attend- 
ance, 3,5S4  ;  value  of  school  property.  $1,636,400. 

Libraries  :  Number,  :!0,716  ;  volumes,  4,800,749. 

Presidential,  congressional,  and  State  elections  Tuesday  after  first 
Monday  in  November;  senators,  32— representatives,  100;  sessions 
of  legislature  biennial  in  odd  numbered  years,  meeting  first  Wednes- 
day in  January  ;  no  limit  of  session  ;  terms  of  senators  and  represent- 
atives, 2  years. 

Electoral  college,  13  ;  duellists  disfranchised. 

Legal  interest,  6  per  cent. ;  by  contract,  10  per  cent. ;  usury  forfeits 
excess  of  interest. 

State  Laws  in  Relation  to  Deeds,  Dower,  Descent  and  Distrirution  of 
Property,  Married  Women,  Mechanics'  Liens,  Mortgages,  and  Wills. 

Deeds— Executed  in  this  State,  of  lands  or  any  interest  therein,  shall  be  executed  in 
the  presence  of  two  witnesses,  who  shall  subscribe  their  names  to  the  same  as  such. 
They  may  be  acknowledged  within  this  State  before  anyjudge  or  commissionerof  aiourt, 
of  record,  or  before  any  notary  public  or  justice  of  the  peace,  and  the  officer  taking  such 
acknowledgment  shall  indorse  thereon  a  certificate  of  the  acknowledgment  thereof,  and 
the  true  date  of  making  the  same  under  his  hand. 

Husband  need  not  join  in  conveyance  of  wife's  property.  Formerly  it  was  neces- 
sary to  take  the  acknowledgment  of  the  wife  separately  and  apart  from  her  husband 
when  they  join  in  a  conveyance;  but  "hereafter  the  acknowledgment  of  any  married 
woman  toa  deed  of  conveyance  or  other  instrument  affecting  real  property  may  be 
taken  in  the  same  manner  as  if  she  were  sole."    (Laws  1875,  p.  142,  H.  S.  },  5662.) 

A  scroll  answers  for  a  seal,  but  no  bond,  deed  of  conveyance,  or  other  contract  in 
writing  signed  by  any  party,  his  agent  or  attorney,  thall  be  deemed  invalid  for  want  of 
a  seal  or  scroll  affixed  thereto  by  such  party.    (H.  S.  §  7778.) 

Descent  of  Property,  Real  and  Personal  —An  alien  may  acquire  and  hold  lands 
or  any  interest  therein  by  purchase,  devise,  or  descent,  and  may  mortgage  or  dispose  of 
the  same,  and  at  his  death  they  will  descend  to  his  heirs  in  all  respects  tin'  same  as  if  he 
were  a  citizen  of  this  State  or  of  the  United  States.  (H.  S.  §  5772a,  as  amended  bv  Act 
No.  169,  p.  180,  S.  L.  1883.) 

When  any  person  dies  seized  of  any  lands  or  of  any  interest  therein  not  having  law- 
fully devised  the  same,  they  descend  subject  to  the  payment  of  his  debts  in  the  follow- 
ing manner:  1.  In  equal  shares  to  his  children  and  to  the  issue  of  any  deceased  child  by 
right  of  representation,  and  if  there  be  no  child  of  the  intestate  living  at  his  death,  b,ts 
estate  shall  descend  to  all  his  other  lineal  descendants,  and  if  all  the  said  descendanis 
are  in  the  same  decree  of  kindred  to  the  intestate,  they  shall  share  the  estate  equally, 
otherwise  they  shall  take  according  to  the  right  of  representation.  2.  If  he  shall  leave 
no  issue,  his  estate  shall  descend  to  his  widow  during  her  natural  lifetime,  and  after  her 
decease  to  his  father  and  mother  in  equal  shares;  and  if  there  be  no  mother,  then  the 
father  alone;  and  if  there  be  no  issue  or  widow,  to  his  father  ami  mother  'n  equal  shares  : 
and  if  no  mother,  then  to  the  father  alone.  ::.  If  there  he  no  issue,  nor  \,*idi,v  ■>or  father, 
one-half  descends  to  the  mother  and  the  balance  to  the  brothers  and  sisters  in  equal 
shares,  and  to  the  children  of  any  such  who  may  be  deceased.  1.  If  the  intestate  shall 
leave  no  issue,  nor  widow,  nor  father,  and  no  brother  or  sister  living  at  his  death,  his  es- 
tate shall  descend  to  his  mother  to  the  exclusion  of  the  issue,  if  any,  of  deceased  brothers 
or  sisters.  5.  Iftherebenoissue,  nor  widow,  and  no  father,  mother,  brother,  or  sister,  it  de- 
scends to  his  next  of  kin  in  equal  degree,  except  that  when  there  are  two  or  more  collateral 
in  equal  degrees  but  claiming  through  different  ancestors,  those  claiming  through  the 
nearest  shall  be  preferred.  6.  If  any  person  shall  die  leaving  several  children,  or  leav- 
ing one  child  and  the  issue  of  one  or  more  other  children,  andany  such  surviving  child  shall 
die  under  age  and  not  having  been  married, all  the  estate  thatcame  to  the  deceased  child 
by  inheritance  from  such  deceased  parent  shall  descend  in  equal  shares  to  the  other 
children  of  the  same  parent  and  to  the  issuy  of  any  such  other  children  who  shall  have 
died,  by  right  of  representation.  7.  If,  at  the  death  of  such  child  who  shall  die  under  age 
and  not  having  been  married,  all  the  other  children  of  his  said  parent  shall  also  be  dead, 
and  any  of  them  shall  have  left  issue,  the  estate  that  came  to  said  child  by  inheritance 


matthewb's  quidb. 

from  his  said  parent  shall  descend  to  all  tin-  issue  of  other  Children  <>f  the  same  parent, 
and  If  all  the  Bald  Issue  are  in  the  same  deep  e  ol  kindred  to  said  child,  they  shall  share 
iually,  otherwise  they  shall  take  according  to  the  right  of  representa- 
tion    8   If  the  Intestate  shall  leave  a  widow  and  no  kindred  bis  estate  descends  to  the 
9   if  the  Intestate  leaves  no  widow  nor  kindred  his  estate  shall  escheat  to  the 
of  Uie  stat.-  for  the  u>.-  of  the  primary  Bchool  fund.    All  the  real  and  personal  es- 
ept  the  widow's  dower  Lb  subject  to  the  payment  ol  his  debts,  but 
te  Is  first  chargeable. 
In  this  State  when  a  person  dli  I  ol  any  personal  estate  not  disposed  of  by 

will  the  widow.  If  any.  Is  allowed  all  articles  of  wearing  apparel  and  ornaments  of  her- 
ised,  and  his  household  furniture  not  exceeding  two  hundred  and  fifty 
dollars  In  value,  and  other  personal  property  which  she  may  select  to  the  amount  of  two 
.liars.    Thewldowand  children  constituting  the  family  have  from  the  per- 
Bucb  an  amount  as  their  clrcumstancee  may  require  Mr  their  Bupport  dur- 
ttlement  ol  the  estate— which  time,  U  the  estate  is  insolvent,  is  limited 
to  one  year  after  granting  administration 

•  ii  on  the  return  of  the  inventory  it  appears  that  the  estate  does  nol  exceed  one  hun- 
dred and  nit  v  dollars  over  and  above  the  allowances  to  widow  and  family,  the  [.rebate 
court  has  discretionary  power  to  give  her  the  whole.    Ii  the  estate  amounts  to  mon 

ild  out  of  it.    One-third  of  the  residue  goes  to  the  widow,  and  the  remaining 

two-thirds  to  the  children.  ,.,.,,,  ,    ,  ,  ,<•.•  v.    n 

if  there  Is  bat  one  child  11  Is  equally  divided  between  It  and  the  widow.    If  there  shall 

be  no  children  the  widow  takes  It  all  if  less  than  one  thousand  dollars,    n  mora,  then 

5   between  widow  and  fat  her  of  the  decca-ed.     If  he  be  not  livinir.thenth.it   half 
o  the  mother,  brothers,  and  sisters  of  deceased  in  equal  shares.     It  there  be  none 
oftheabovi  irvivlng.the  wldowtakes  the  whole.    In  any  other  case  it  Lsdis- 

tbe  rules  for  descent  of  real  estate. 
I,- .,  dies  leaving  personal  estate  undisposed  m  by  will  after  the  payment 

s  funeral-  and  administration  charges, the  residue  is  distributed, one- 

third  tothe  husband  and  tie-  b  dance  to  ner  children  or  their  issue.  If  there  be  but  one 
child  the  husband  and  such  child  share  equally.  If  there  be  no  child  nor  issue  ol  any,  the 
husband  takes  one-half  and  her  Either  one-half.  It  be  be  nol  living  such  halt  goes  to 
her  mother  brothers,  and  sisters,  or  to  the  Issue  of  any  such,  equally.    It  there  be  no 

father   mother   brother.  Or  sister,  nor  issue  of  any,  the  husband  takes  the  whole. 

Is  cap  ible  a1  t  be  age  of  sixteen,  and  a  male  at  eighteen,  ol  contracting  mar- 

.  n  otherwise  competent 

With  the  consent  of  the  proper  person  she  may  bind  hereeli  as  an  apprentice  until 

she  shall  arrive  at  eighteen  unless  sooner  married,  but  she  does  not  arrive  at  her  full 

rity  so  as  to  dispose  of  her  property  until  she  arrives  at  twenty-one  years,  our 

statute  having  made  no  further  changes  than  as  above. 

If  a  testator  of  personal  estate  leave  a  wife  she  may  have  the  provision  under  the  will, 
or    tt  her  option  what  sin-  might  take  under  the  statute  of  distribution,  until  the 
amounts  to  five  thousand  dollars,  and  of  the  residue  of  the  estate  one-hall  of  what  she 
would  ha--  ■  inder  the  said  statute.    If  no  provision  is  made  for  her  by  will  she 

may  take  under  the  statute.  If  the  testator  give  her  any  thing  In  lieu  ol  some  other 
th  neorinti  ■•  -1  to  which  she  would  be  entitled  In  caseol  intestacy,  the  taking  ol  any 

M11.|,  bequi  dtO  take  it,  and  the  taking  instead  what  the  law  would  allow,  does 

of  the  right   to  have  the  remaining  dispositions  ot  the  will  left  unlm- 
L  and  to  have  the  benefit  thereof.    The  wiles  election  must  be  In  writing  and  tiled 
{ni,.  within  one  year  after  probate  of  tin- will. 

I  ,N-s  —The  laws  Of  this  State  exempt  from  sale  on  execution  to  every  house- 
holder a  homestead  nol  exceeding  forty  acres  of  land  and  the  bouse  thereon,  If  In  the 
try  or  a  bouse  and  lot  In  any  city  or  village  not  exceeding  in  value  fifteen  hun- 
dred dollars      r  that  amount  in  value  it  may  be  sold,  and  alter  pay iu 
judgment  debtor  the  above  sum  the  balance  may  be  taken  by  the  creditor. 

ell  or  incumber  such  homestead  without  the  consent  of  his  w 
personal  property,  the  laws  exempt  from  s  tie  on  execution  various  arte-; 

in  churcnes,  cen  imbs,  and  rights  of  burial,  all  arms  and  a< men,,  nta. 

ii  wearing  apparel  of  every  person  and  his  family,  the  library  and  school  I 

.  individual  and  fa  mil  v.  not  exceeding  one  hundred  and  fifty  dollars,  and  all  family 
ch  householder,  ten  sheep  and  their  fleeces,  two  cows, five  swine, ana 
and  fuel  sufficient  to  keep  SUCh  householder  and  family  six  months.   'I  i 
householder  all  household  goods,  furniture,  and  utensils,  not  exceeding  two  hundred 

Ifty   dollar-   in    value.     The   tools,   implement-,   mat.  rial,   stock,   apparatus,    team 

r  one  yoke  of  oxen,  a  horse,  or  pair  oi  ,  vehicle,  h< 

harness,  or  other  things  to  enable  any  person  to  carry  on  the  profession,  trade,  occupa- 
tion or  business  In  which  he  is  wholly  or  principally  engaged,  not  exceeding  in  value 

two  bundled  and   fifty  dollar-,  and  a  I  Qg  machine  .  and  a  sulheieiif  quantity 

.a  hav  grain,  f.  Iceep  the  animals  enumerated  for  six  month-.    By  act  14,  p. 

li  -   |  ,■  household  goods, library  pictures,  rights  in  cemeteries, and  one  cow 

nd  fuel  for  one  month,  not  exceeding  five  hundred  dollars  m  value,  are 

ipt  from  execution  issued  on  |udgmen<  for  labor.    No  lien  can  be  created  by  mort- 

mnyol  the  above  property,  excepl  thetwo  hundred  and  fifty  dot 

.,,.],  oi  tools,  Implements,  etc.,  used  In  carrying  on  profession, etc,  without  the1 

•it  of  the  wit.-,  if  he  have  one,  by  Blgnlng  such  mortgage  or  Hen. 

i the  property  above  mention  mechanical  tools  and  implements  of 

husbandry,  Is  exempt  from  execution  on  a  Judgment  rendered  for  the  same  property. 

[fa  person  entitled  to  the  benefit  of  a  1 (stead  shall  die,  his  w  alow  or  minor  ohUeV 

ne  beni  i*  during  th<  time  they  continue  to  occupy  the  same. 


MATTHEWS'S    GUIDE.  57 

Married  Women.— The  real  and  persona]  estate  which  may  bave  been  acquired  by 
any  female  before  marriage  through  any  source  or  by  any  means  whatever,  ana  all  that 
«he  may  acquire  afterwards  of  any  kind  or  from  any  source  shall  continue  her  sole  prop- 
erty  the  same  as  if  unmarried,  and  shall  not  be  liable  tor  any  of  her  husband's  debts  or 
undertakings,  and  may  be  sold,  conveyed,  incumbered,  or  oi  herwise  disposed  of  by  her 
the  same  as  if  sole. 

Under  these  statutes  she  may  carry  on  business  in  her  own  name,  may  deal  directly 
with  her  husband;  she  may  make  contracts  in  her  own  name,  buy  goods,  give  notes  in 
settlement  of  purchases,  etc.,  binding  her  own  separate  property,  real  and  personal;  and 
it  would  seem  thatall  common  law  disabilities  have  been  removed, excepl  thai  in  becom- 
ing surety  for  her  husband  or  other  third  persons  she  do'es  not  bind  her  separate  property. 

The  husband  is  not  liable  for  the  contracts  of  his  wife  In  relal  ion  to  her  sole  property, 
nor  does  he  hold  her  lands  or  auy  part  thereof  after  her  death  as  tenant  by  the  curtesy 
or  otherwise. 

When  judgment  shall  be  rendered  against  husband  and  wife  for  a  tort  or  wrong  done 
by  the -wife,  execution  shall  issue  against  her  property  alone,  nor  shall  his  property  be 
liable  to  pay  any  such  judgment,  nor  can  he  be  imprisioned  on  any  such  judgment 
(H.  S.  I  7714.) 

A  wife's  separate  property  would  probably  not  be  bound  for  the  husband's  debts,  even 
though  contracted  for  the  support  of  herself  or  family ;  bnt  she  could  bind  her  property 
lor  necessaries  in  the  support  of  herself  and  family,  should  she  choose  to  contract  there- 
for in  her  own  name. 

Though  a  married  woman  may  contract  "  with  the  like  effect  as  if  unmarried."  and 
the  dealings  of  an  unmarried  woman  are  in  the  same  legal  position  as  those  of  a  man,  a 
married  woman  has  no  general  capacity  to  contract,  and  can  only  make  such  contracts 
as  relate  to  her  own  property,  and  become  personally  liable  only  on  account  of  her  own 
matters.  She  cannot  enter  into  an  undertaking  with  her  husband  merely  as  his  surety, 
and  cannot  be  held  on  her  contract  without  affirmative  proof  that  it  is  her  own  and 
within  her  powers.  Her  contract  of  suretyship  will  not  bind  her  unless  made  on  behalf 
of  her  sole  property,  and  should  appear  to  have  been  so  made  and  upon  a  sufficient  con- 
sideration for  that  purpose,  and  her  note  given  simply  with  her  husband  or  any  third 
person  as  surety  for  the  other's  debt  would  not  bind  her.  She  may,  however,  give  a 
mortgage  on  her  separate  property  for  another's  debt,  because  in  that  case  she  expressly 
pledges  it.  Therefore  when  it  Is  desired  to  fix  the  responsibility  of  a  married  woman  for 
the  payment  of  a  debt,  not  contracted  by  her  in  respect  to  her  own  property,  she  should 
be  required  to  give  a  specific  pledge,  such  as  a  mortgage  or  other  lien.  Her  homestead 
rights  arc  retained,  and  also  her  common  law  rights  of  dower  in  Iter  husband's  lands. 

The  capacity  to  make  contracts  (except  of  marriage)  is  lixed  by  the  common  law,  as 
respects  age,  twenty-one  years  being  lawful  age'.  By  statute  ill.  S.  \  U209)  females  are  ca- 
pable of  contracting  marriage  when  sixteen  years  of  age. 

Mechanics'  Liens.— Every  person  who,  under  any  express  or  implied  contract  with 
the  owner,  lessee,  or  contractor,  alters,  improves,  repairs,  erects,  or  ornaments  any  build- 
ing, wharf,  or  other  structure,  or  furnishes  labor  or  materials  for  any  of  said  purposes, 
has  a  lien  thereon  and  on  the  land  to  the  extent  of  a  quarter  section,  or,  in  a  city,  the  lot 
or  lots.  A  sub-contractor,  laborer,  or  material  man  has  a  similar  lieu.  A  written,  veri- 
fied statement,  setting  forth  the  time  when  the  labor  was  performed  or  material  fur- 
nished, a  description  of  the  property,  the  name  of  the  owner,  and  amount  due,  must  be 
filed  in  the  office  of  the  register  of  deeds  of  the  county  where  the  land  lies  by  a  principal 
contractor  within  ninety  days,  and  by  a  sub-contractor,  material  man,  or  laborer,  within 
thirty  days  after  the  last  of  material  is  furnished  or  labor  performed,  which  must  also  be 
■served  on  the  owner  if  to  be  found  in  the  county,  or  on  his  agent  having  charge  of  the 
premises.  „    , 

The  lien  is  treated  as  a  mortgage,  and  enforced  through  the  court  of  chancery. 

Mortgages.— A  mortgage  cannot  be  construed  as  containing  an  implied  covenant  to 
pay ;  and  when  no  express  covenant  to  pay  is  contained  in  it,  and  no  note  or  other  per- 
sonal obligation  accompanies  it,  the  land  mentioned  in  the  mortgage  is  the  only  remedy. 

Mortgages  should  be  recorded  in  the  office  of  the  register  of  deeds  ot  the  county  in 
which  the  land  lies,  and  if  not  so  recorded,  are  void  as  against  any  subsequent  purchaser 
of  the  same  premises  for  a  valuable  consideration  whose  conveyance  shall  be  first  duly 
recorded.  ,  ... 

Mortgages  may  be  discharged  by  the  mortgagee,  his  personal  representative,  or  his 
assignee,  by  a  written  acknowledgment  on  the  margin  of  the  record,  in  presence  oi  the 
register,  or  by  a  written  certificate  by  either  of  the  same  parties;  Du1  the  certificate 
must  be  executed  the  same  as  the  mortgage,  so  as  to  entitle  it  to  record. 

Wills.— Every  person  of  full  age  and  sound  mind  may  dispose  ol  his  property  by 
will.  No  will,  except  it  be  a  nuncupative,  is  effectual  to  pass  any  estate,  whel  her  real  or 
personal,  unless  it.be  in  writing  and  signed  by  the  testator  or  by  some  person  in  his  pres- 
ence and  by  his  express  direction, and  attested  and  subscribed  in  the  presence  ol  the  tes- 
tator by  two  or  more  competent  witnesses. 

All  wills  and  the  probate  thereof  are  recorded  in  the  probate  court.  (II.  S.  3  6756.)  An 
attested  copy  of  ever v  will  devising  lands  or  any  interest  in  lands,  and  of  the  probate 
thereof,  shall  be  recorded  in  the  registry  of  deeds  of  the  county  in  which  the  lands  thereby 
devised  are  situated.    (H.  S.  g  5822.  i 


MINNESOTA: 

An  Indian  name  signifying  "  Cloudy  Water,"  "  Whitish  Water  or  Sky 
Colored  Water."     It  is. also  called  "The  Gopher  State,"  visited  by 


MATTHEWS  -    GUIDE. 

the  French  Jesuits  in  L680,  and  a  French  trading  post  established  at 
Pallg       =     Anthony.     First  permanent  settlement  made  in  1812  on 

Red  river.  . 

That  part  of  State  west  of  the  Mississippi  river  formed  out  <>l  Fer- 
riton  -called  "  Louisiana  Purchase")  ceded  to  the  United  Si 

in  L803  by  France,  and  that  east  of  the  Mississippi  out  of  the  northwest 
territory  ceded  in  l783-'88  by  Virginia  and  other  States.  Organized 
asaTerritory  by  the  act  of  March  ■'..  L849;  and  its  people,  having 
under  the  enabling  act  of  February  26,  L857,  framed  a  constitution 
and  State  government,  it  was,  by  the  act  of  May  11,  1858,  admitted 
into  the  Union. 

Ann;   In  square  mil'-.  83,531  :   in  acres,  53,459,840. 

Counties,  80. 

Occupies  central  part  of  North  America.  In  its  northern  part  it 
includes  -tli.'  Height  of  Land,"  ("  Hauteur  des  Terres,")  an  extensive 
undulating  table  land  with  an  average  height  of  1,000  feet,  the  high- 
egion  between  the  Gulf  of  Mexico  and  Hudson  hay,  dividing  the 
ic  plain  from  the  Mississippi  valley,  and  forming  a  water  shed 
dispersing  streams  to  all  points  of  the  compass.  Southern  section  has 
a  prairie  surface. 

St.  Paul  the  capital;  also  a  port  of  delivery,  and  noted  for  its  in- 
dustrial enterprise:  population,  Lll,397.  Pembina,  on  Red  river,  a 
port  <>f  entry.  Minneapolis  at  the  Palls  of  St.  Anthony  the  metropo- 
lis: unlimited  water  power.  A  great  commercial  center,  also  famous 
like  St.  Paul  for  its  milling,  lumber,  and  other  manufactures  and  its 
industrial  enterprise. 

Temperature:  At  St.  Paul,  in  summer.  67°  to  74°;  in  winter,  11° 
to  30°.     Rainfall  at  Fort  Snelling,  25  inches. 

Population  in  1880  of  State,  1,118,486. 

Aaaicui/ruRAL  Statibtb  b  : 

So  of  Butob  '  L880),  02,386;  total  land  in  farms,  13,403,019  acres;  improved 
land  in  farms  7,246,693  a< 

Value  in  1880  of  farms,  $193,724,260.  

Farm  products— crop  of  1886:  ln<liancorn:  Product,  19,90o,000  bushel-;  area 
in  ,  -Vop  668580  acres;  average  yield  per  acre,  29.8  bushels;  value  per  bushel, 
nt-;  total  valuation,  $0,767,700.  Wheal:  Product,  42.856,000  bushels;  area 
in  crop  3,067,851  acres;  average  yield  per  acre,  14  bushels;  weight  per  bushel, 
:.7-  pounds;  value  per  bushel.  <il  cents;  total  valuation,  $26,142,160.  Bye: 
Product,  462,000  bushels;  area  in  crop,  83,031  acres;  average  yield  per  acre,  14 
bushels'  value  per  bushel,  44  cent-;  total  valuation,  $203,280.  Goto:  Product. 
40735,000  bushels;  area  in  crop,  1,184,032  acres;  average  yield  per  acre,  34.4 
bushels;  value per  bushel,  25  cents;  total  valuation,  $10,183,750.  Barley:  Pro 
dud  -  155,000  bush  Is;  area  in  crop,  367,601  acres;  average  yield  per  acre,  23 
bushels;  value  per  bushel,  42  cents;  total  valuation,  $.;,;>51,100.  Buckwheat: 
Product, 72,000  bushel8farea  Ln crop, 6,343  acres;  average  yield  per  acre,  n.4 
bushels  :  value  per  bushel,  60  cents;  total  valuation,  $43,200. 

/■  ■  ••  ■  Product, 5,306,000 bushels :  area  in  crop, 63,161  acres;  average  yield 
per  acre  B4  bushels;  value  per  bushel,  37  cents ;  total  valuation,  $1I96S{220. 

Hay:  Product,  600,000  tons;  area  in  crop,  480,000  acres;  average  yield  per 
acre,  I  .•_'•">  ton  :  value  per  ton,  $4.70;  total  valuation,  $2,820,000. 
■  ,1  area  in  above  crops,  5,870,399  aci 
il  valuation  of  crop,  $51,6'  1,410. 


MATTHEWS'S    GUIDE.  59 

Wages  of  farm  labor  per  month  by  the  year:  Without  board,  $25.75 ;  with 
board,  $17.08.  Day  wages  in  harvest:  Without  boardj  $2.20  ;  with  board,  $1.75. 
Day  wages  of  ordinary  farm  labor:   Without  board,  $1.30;  with  board,  $1. 

Farm  animals,  January  1,  L888:  Horses:  Number,  379,489;  average  price 
$82.86;  value,  $31,445,299.  Mules:  Number,  10,969 ;  average  price,  $94.30 ;  value 
$1,034,415.  Milch  cows:  Number,  433,966 ;  average  price,  $23.75  ;  value,  $10,306, 
693.  Oxen  and  other  cattle:  Number,  489,886;  average  price.  $20.36;  value, 
$9,974,076.    Hotjs:  Number,  549,793 ;  average  price,  $5.92;  value,  $3,254,775. 

SJieep:    Number,  28:5,725  ;  average  price,  $2.38 ;  value,  $674,698. 

Wool  clip  (18S0),  1,:!52,124  pounds. 

Dairy  products  (1880):  Milk,  1,504,407  gallons;  butter,  19,101,385  pounds; 
cheese,  523,138  pounds. 

Dairy  interests  annually  increasing  in  importance  and  value. 
Manufactures  (1880) : 

Number  of  establishments,  3,493 ;  capital,  $31,004,811  ;  average  number  of 
hands  employed,  21,247  ;  total  amount  of  annual  wages  paid,  $8,613,094 ;  value 
of  materials,  $55,660,681 . 

Value  of  products:  Agricultural  implements,  $2,340,288 ;  flouring  and  grist 
mill.  §41,519,004;  lumber,  sawed.  $7,366,038;  lumber,  planed,  $657,377;  cloth- 
ing, men's,  $1,662,855 ;  cooperage, $1,007, 643  ;  foundry  and  machine  shop,  $1,606,- 
518  ;  liquors,  malt,  $1,153,122;  publishing  and  printing,  $1,043,004;  sash,  doors, 
and  blinds,  $1,344,618;  boots  and  shoes,  $930,192;  slaughtering  and  meat  pack- 
ing, $887,532  ;  woolen  goods,  $253,378 ;  furnishing  goods,  men's,  $499,250 ;  car- 
riages and  wagons,  $728,017 ;  saddlery  and  harness,  $859,955;  tobacco,  cigars, 
and  cigarettes,  $562,234,  etc. 

Total  valuation  in  1880  of  products  of  manufactures,  $70,005,198. 

Quarry  Statistics  (1880) : 

Number  of  quarries,  41 ;  capital,  $284,225  ;  product,  3,109,113  cubic  feet. 

Value  of  products  :  Marble  and  limestone,  $201,593  ;  sandstone,  $41,150  ;  crys- 
talline silicious  rocks,  $13,075. 

Total  value  of  product  of  quarries,  $255,818. 

As  shown  by  the  above  statistics,  wheat  is  the  great  agricultural 
staple,  and  milling  and  sawed  lumber  the  most  valuable  manufactur- 
ing industries. 

Total  assessed  valuation  in  1880  of  real  estate  and  personal  property,  $258,- 
028,687. 

Railroads,  June  30,  1887:  Mileage,  8,440.70;  total  length  of  track,  9,942.65 
miles;  locomotives,  1,210;  total  revenue  ears,  38,044. 

Presidential,  congressional,  and  State  elections  Tuesday  after  first 
Monday  in  November ;  senators,  47 — representatives,  103  ;  biennial 
sessions  of  legislature  in  odd  numbered  years,  meeting  Tuesday  after 
first  Monday  in  January  ;  limit  of  sessions  60  days  ;  term  of  senators 
4  years — representatives,  2  years. 

Electoral  college,  7. 

Colleges  5;  excellent  school  system;  school  age  5-21;  school  popu- 
lation, 400,000. 

Legal  interest  rate,  7  per  cent, ;  by  contract,  10  per  cent. ;  usury  for- 
feits all  interest  with  costs. 

State  Laws  in  Relation  to  Deeds,  Dower,  Descent  and  Distribution  of 

Property,  Married  Women.  Mechanics'  Liens,  Mortgages,  and  Wills. 

Deeds.— Deeds  must  be  signed,  sealed,  and  aknowledged  by  the  grantor,  and  attested 

by  two  witnesses,  and  recorded  in  office  of  register  of  deeds  in  the  couniy  where  such 

hinds  are  situated.    If  acknowledged  within  the  state,  the  acknowledgment  musl  be 


M\  ll  111  iWS's    GUIDE. 

le,  district,  or  probate  court,  or  to  a  clerk  of  sa  d  courts, 

.  81  ites  circuit  and  district  courts  for  the  district  of  Minnesota, 

iry  public,  justice  of  the  p  .  court  commissioner,  county  au- 

clerk,  or  recorder  of  a  village ;  and  where  Bucb  officer  baa  a  seal 

■  •i  niii'  e  he  must  affix  sucb  seal  to  the  certlflcal  i  of  acknowledgment.      I   i  n  -  ol  1878.  p. 

•    ;  Laws  of  1878,  p.  103 j  G   8. 1878,  ch.  40,      I,  7,  and  eh.  72,     ll.. 

ut-i  out  of  this  State  ana  within  the  Unit<  a  be  taken  only 

•  the  chief  just  ice  or  associate  justice  <>f  supreme  court  <>i'  United  States,  |ud( 

the  district  courts  of  the  United  -  ludges  or  justices  of  the  supreme,  superior, 

or  other  courl  of  re "d  of  any  State,  Territory,  or  District  within  the  United 

ore  the  clerks  of  the  several  coflrts  above  mentioned ;  or  before  justl 
the  i"  ice,  uotaries  public,  or  commissioners  appointed  by  the  governor  ol  this  state  for 

purp :  but  no  acknowledgments  taken  by  any  such  officer  shall  be  valid  unless 

ae  place  or  territory  for  which  he  shall  have  been  s<  lected  or  appo 
to  such  office,  or  to  which  the  jurisdiction  of  the  court  to  which  he  belongs  shall  extend. 
1878.  ch,  i".    :. 
When  d(  cuted  outside  of  the  State,  unless  the  acknowledgment  Is  token 

before  a. commissioner  appointed  by  i  lie  governor  of  this  State  for  that  purpose,  • 

i"i.' a  notary  public  or  clerk  of  court  of  re "d,  orsome  other  officer  having  a  seal  of 

office,  and  the  certificate  of  acknowledgment  upon  Bucb  deed,  with  the  seal  of  "iliceof 
such  officer  affixi  ,  there  shall  be  attached  or  appended  to  or  indorsed  on  such 

i  certificate  of  the  clerk,  or  other  proper  officer  of  a  court  of  record  "i  the  county, 
district,  "i-  place  where  taken,  under  the  seal  <>i'  li i-  office,  that  the  person  whose  □  ime 
ascribed  to  the  certificate  of  acknowledgment  was,  at  the  date  thereof,  such  officer 
as  he  is  therein  represented  to  be:  that  he  is  acquainted  with  the  handwriting  of  such 
ii.  ami  verily  believes  the  signature  subscribed  to  the  certificate  of  acknowledg- 
ment is  genuine.    No  Beparate  acknowledgment  of  wife  i-  required  by  our  laws,  but  she 
must  acknowledge  her  deed  the  same  a-  her  husband.      Laws  of  1868,  p.  HKi  and  ol 
-     i 
A  deed  of  laud  in  this  State  executed  in  a  foreign  country  may  he  executed  according 

to  the  law.-  of  BUCh  country  and  acknowledged  before  any  notary  public  t  herein,  minis- 
ter plenipotentiary,  minister  extraordinary,  minister  resident,  cnarg<  com- 
missioner, or  eon-ul  of  the  United  state-  appointed  to  reside  therein.    It"  taken  bt  fore  a 
notary  public  his  seal  of  office  must  be  affixed.     Lf  Signed  and  sealed,  with  two  wit  n- 
and  acknowledged  a-  above.it  is  sufficient, whether  in  accordance  with  the  la 
sneb  country  or  not.    (Ch.  I  I,     I".  and  laws  of  Is  s,  p.  101 ;  < ;.  s.  1878,  ch.  I  I,     10, 

a  married  woman  may  convey  her  separate  estate,  by  joining  her  husband  In  the  d 
Laws  of  1809,  p.  70;  G.  S.  1878,  ch.  10,  g  2.)    she  is  liable  upon  the  covenants  in  her 

the  -  line  as  though  she'  Were  a  /(  me  SOU  .     il.aws  of  1889,  p.  71  :  <  i.  S.  1878,  eh.  <,<(_     •_•_ ,     M/|,e 

knowledgment  of  a  married  woman  i-  not  required.    To  convey  her  se] 

her  husband  must  join  with  her  in  th aveyanoe.    In  this  State  a  scroll  ans 

for  a  official  seals      Ch.40,    31;  G.  S.  1878,  ch. 

grantor  and  grantee  a  deed  is  valid  though  not  acknowledged,  but  without  m-k.no. 

ment  in  form  substantially  as  above  it  is  not  entitled  to  record. 

Tbusi   Deeds— Are  not  often  used,  and  are  constructed  In  all  respects  as  mortg 
which 

Ui  -  Property.— Surviving  husband  or  wife  1b  entitled  to  hold 

for  his  or  her  life,  free  from  the  debt-  of  the  deceased,  the  homestead  of  such  dec* 

•  hold  in  fee  Blmpleor  by  such-Inferior  title  as  the  deceased  was  at  any  time  during 
lied  or  possessed,  free  from  any  testamentary  or  other  disposition  thereof 
to  which  such  survivor  shall  not  nave  assented   in  writing,  one  equal,  undivided  one- 
third  of  all  other  lands  of  which  the  deceased  was  at  any  t i me  during  coverture  seized 
or  possessed,  but  subject  in  its  just  proportion  with  the  other  real  estate  to  payment  of 

debt-  of  deceast  'I  UOt  paid  from  personal  estate. 

lueofthei  or  If  there  be  no  surviving  husband  or  wife  of  the  in- 

i   the  whole  the  i  follows:  1.  To  children  and  lawful  is- 

any  deceased  child  by  right  of  representation.   •-'.  If  there  is  no  child  and  no  lawful  i- 

child  of  the  Intestate  living  at  bis  death,  to  fattier.    ■:.  [f  intestate  leaves  no 

,  on<  equal  one-third  to  mother  and  residue  to  brot  hers  and  Bisters  and 

to  the  lawful  Issue  of  any  deo  ased  brother  or  sister  by  right  of  representation.    4.  If  in- 

,  nor  father,  and  no  brothers  nor  sisters  living  at  his  death,  th 
moth-  any  deceased  in-other  or  si-ter.    5,  if  inf 

ither,  nor  mother,  1  hen  in  equal  share-  to  brothi 
1  brother  or  sister,  by  representation.    >•.  [f  intestate  leaves  no 
r,  mother,  brother,  nor  sister,  then  to  next  of  kin  in  equal  degrees.    Of  collateral 
kindred  in  equal  degrees, but  claiming  through  different  ancestors,  those  who  claim 
through  nearest  ancestor  preferred.    7.  If  a  person  dies  leaving  children,  or  one  child 
and  the  Issue  of  one  or  more  other  children, and  any  such  surviving  child  dies  a 

a  :  bi  etl  married,  all  the  estate  that  came  to  such  deceased  child  .-hall 
her  children  of  same  parent,  and  to  the  issue  of  any  other  such  child- 
ren whom  right  of  representation.    s.  If  at  the  death  of  such  child  who 
rid  unmarried,  all  the  other  children  of  said  parent  are  also  dead,  the 
that  c  1  me  to  -a  ei  child  shall  descend  to  tssueof  other  children  of  same  parent :  if 
■aid  if                    ime  degree  of  kindred  to  said  ''hi id  t hey  share  equally ;  otherwise 
right  of  representation     '.»  If  intestate  leaves  surviving  a  husband  or  wife,  but  no  kin- 
dred, 1                                       to  He    -ur\ivor.     lu.  If  intestate  leaves  no  husband,  wife,  nor 
Kindred,  tie-  estate  shall  escheat  to  the  stub-.    (Laws  of  1K70,  p.  65:  (J.  s.,  1878,  ch.  1.;.      j, 
.  110.) 


MAT  I'll  K\Y>">    '.I   I  I  >l :.  G1 

Degrees  of  kindred  computed  by  rules  of  civil  law.  No  distinction  between  half  blood 
and  whole  blood  as  to  right  to  inherit.    (Uli.  46,  \  1 ;  G.  S.  1878,  ch.  46, 

Person  \\,  Property— Descends  the  same  as  real  property,  except  thai  before  there  is 
any  distribution,  sundry  small  provisions  are  made  for  support  of  widow  and  children 
under  ton  years  of  age.    (Ch.  51,  el,  as  amended  by  Laws  of  1876,  p  60;G.S.187 

Doweb.— Estate  in  dower  and  by  the  curtesy,  are  abolished.    (Laws  of  is;.,,  p.  74.) 

Exemptions.— Family  bible,  family  pictures,  school  hooks, or  library,  and  musical  In- 
struments for  use  of  family;  seat  or  pew  in  any  bouse  or  place  of  public  worship;  a  lot 
in  a  burial  ground;  all  wearing  apparel  of  debtor  and  family;  all  beds,  bedding,  and 
bedsteads  kepi  and  used  bj  debtor  and  his  family;  all  stoves  and  appendages  put  up  or 
kept  for  use  of  debtor  and  family;  all  cooking  utensils,  and  all  the  household  furniture 
not  herein  enumerated,  not  exceeding  five  hundred  dollars  in  value:  three  COWS,  ten 
swine,  one  yoke  of  oxen  and  a  horse,  or  in  lieu  thereof  a  span  of  horses  or  mules  ;  twenty 
sheep,  and  the  wool  from  same;  necessary  food  for  stock-  for  one  year,  provided  or  grow- 
big,  or  both;  one  wagon,  cart,  or  dray,  one  sleigh,  two  plows,  one  drag,  and  other  farm- 
ing utensils,  including  tackle  for  team,  not  exceeding  three  hundred  dollars  in  value; 
one  sewing  machine, and  grain  necessary  for  one  year's  seed, not  exceeding  fifty  bushels 
wheat,  fifty  bushels  oats,  thirty  bushels  barley,  fifteen  bushels  potatoes,  and  three  bush- 
els corn  and  binding  material  for  use  in  harvesting  crop  raised  from  seed  grain  above 
specified;  the  provisions  for  debtor  and  family  for  one  year's  support,  provided  orgrow- 
iug,  or  both,  and  one  year's  fuel :  tools  or  instruments  of  any  mechanic,  miner,  or  other 
person,  used  and  kept  for  the  purpose  of  carrying  on  his  trade,  and  stock  in  trade  not 
exceeding  four  hundred  dollars;  libraryand  implements  of  any  professional  man.  Also, 
the  wages  of  any  laboring  man  or  woman,  or  their  minor  children,  not  exceeding  twenty 
dollars,  due  for  services  rendered  during  the  ninety  days  preceding  the  issue  of  process, 
and  moneys  arising  from  insurance  of  exempt  property.  (Ch.  66,  2  279;  Laws  of  1SG8,  p. 
112;  1870,p.l31;  1371, p.  122;  1872,  p.  137;  1873, p.  189;  1878.  p. 79;  G.S.1878,ch.66,g  310;  Laws  of 
1885.  p.  44.) 

In  addition  to  articles  above  enumerated,  all  the  presses,  stones,  type,  eases,  and 
other  tools  and  implements  used  by  any  copartnership,  or  by  any  printer,  publisher,  or 
editor  of  any  newspaper,  and  in  the  printing  or  publication  of  the  same,  not  to  exceed 
two  thousand  dollars  in  value,  together  with  stock  in  trade  not  exceeding  four  hundred 
dollars  in  value,  are  exempt  from  attachment  or  sale.  (Laws  of  187ii,  p.  61 ;  <  i.  S.  1878,  ch. 
66,  310.)  Also  a  homestead  not  exceeding  eighty  acres  of  land  with  dwelling  house 
thereon,  to  be  selected  by  the  owner,  not  included  in  the  laid  out  or  platted  portion  of 
any  incorporated  town,  city,  or  village;  or  instead  thereof,  at  the  owner's  option,  a 
quantity  of  land  not  exceeding  one  lot,  if  within  the  laid  out  or  platted  portion  of  any 
incorporated  town,  city,  or  village  having  over  five  thousand  inhabitants,  or  one-half 
aci-i  -if  within  the  laid  out or  platted  portion  of  any  such  town,  city,  or  village  having 
less  than  tive  thousand  inhabitants,  and  the  dwelling  house  thereon  and  its  appurte- 
nances, owned  and  occupied  by  any  resident  of  this  State,  is  not  subject  to  attachment, 
levy,  or  sale  upon  execution.  Such  homestead  is  exempt  while  occupied  by  the  widow 
or  minor  children  of  any  person  deceased,  who  was  while  living  entitled  to  the  benefit 
of  the  homestead  act.  (Ch.  68,  as  amended  by  Laws  of  1875,  p.  92;  G.  S.  1878,  ch.  68,  3  1.) 
It  a  married  man  absconds  from  the  State,  or  deserts  his  wife  or  minor  children,  such 
wife  and  children  may  continue  to  occupy  such  homestead,  and  the  same  shall  be  ex- 
empt from  levy  or  sale  upon  attachment,  execution,  or  other  final  process  issued  against 
such  husband  and  wife  or  either  of  them.    (Laws  of  1875,  p.  92 ;  G.  S.  1878,  ch.  68,  g  Li 

Married  Women.— All  property  real  or  personal,  belonging  to  a  woman  at  the  time 
of  her  marriage,  continues  her  separate  property,  and  during  covertureshe  may  receive, 
hold,  use,  and  enjoy  property  of  every  description,  and  all  avails  of  her  contracts  and 
industry,  free  from  the  control  of  her  husband  and  from  any  liability  on  account  <>(  his 
debts.  She  is  responsible  for  her  torts,  her  property  is  liable  for  her  debts,  and  she  is 
capable  of  making,  and  is  bound  by,  her  contracts  the  same  as  if  she  were  feme  sole; 
except  that  no  conveyance  or  contract  for  the  sale  of  real  estate,  or  of  any  interest  therein, 
other  than  mortgages  on  lands  for  the  purchase-money  thereof  and  leases  for  a  ter  n  not. 
exceeding  three  years,  shall  be  valid  unless  her  husband  shall  Join  with  her  in  the  c  >n- 
vevance.  Her  separate  property  is  liable  only  for  her  own  personal  debts  arising  from 
her  own  contracts  or  torts.  Her  husband  is  not  liable  for  her  debts  or  her  i  on  tracts  en- 
tered into  either  before  or  during  coverture,  except  for  necessaries  furnished  after  mar- 
riage. Contracts  between  husband  and  wife,  or  powers  of  attorney  from  one  to  the  other, 
relating  to  the  real  estate  of  either,  are  void.  In  relation  to  all  other  subjects,  either  maj 
be  the  agent  of  the  other,  or  contract  the  one  with  the  other.  (Laws  of  1869,  p.  69  ;  Laws 
of  1878,  p.  88;  G.  S.  1878,  ch.  (59,  g  5 1-4.1  A  married  woman  may  sue  and  be  sued  in  her 
own  name  without  joining  her  husband.  (Lawsof  1869,  p.  72;  G.  S.  1878,  ch  66,§29.)  A 
woman  attains  her  majority  at  eighteen,  but  after  marriage  may  join  with  horhu-b-ind 
in  deeds  of  conveyance  though  under  age.  (  Ch.  40,  §  2  ;  G.  S.  1878, ch.  10.  \  2,  and  ch.  59  \  2.) 

Mechanics'  Liens.— All  labor  performed  on  any  building,  article,  or  utility,  or  that 
has  entered  into  the  construction  of  anything,  is  a  first  lien  thereon  to  the  full  amount 
of  the  consideration  agreed  upon  between  the  owner  or  employer  and  employee,  with 
costs  and  attorney  fee.  All  material  furnished  in  the  construction  or  building,  or  in  aid 
then 'of  of  any  building,  article,  or  utility  or  anything  whatever,  is  a  second  hen  thereon 
to  the  full  amount  of  the  consideration  agreed  upon,  with  costs  and  attorneys'  fee. 

Party  claiming  lien  must  file  with  the  register  of  deeds  of  the  county  u  here  labor  was 
performed  or  material  furnished  within  ninety  days  after  last  day  on  which  labor  was 
performed  or  material  furnished,  a  statement  of  the  amount  of  labor  performed  or  mate- 
rial furnished,  and  serve  a  copy  of  same  on  the  owner  or  agent  of  the  property.  Suit 
must  be  brought  on  the  lien  within  four  months  after  filing.  No  Incumbrance  upon  land 
operates  upon  the  building  erected  or  material  furnished  until  alter  the  hen  has  been 
satisfied. 


,;_'  MATTHEWS  8    GUIDE. 

ioontnetor  or  sab-oontmotor  receiving  the  fullamoanl  due  under  b  and 

sons  performing  labor  of  furnishing  material,  thereby  allowing  a  hen 

I  lied,  is  liable  to  criminal  prosecution. 


s-  \v  person  of  full  ageand  sound  mind  may  devise  real  or  personal  prop- 

erty.    O  ivertureno  disability. 


WiUs  to  be  probated  bere,'in  the  first  Instance,  must  be  executed  according  to  toe  laws 

il,!' stat. •:  anda  will  proved  and  allowed  Ir  •■ 

,e  iaw>  thereof  may  be  probated  here,  bo  as  b 

'  the  deceased,  by  the  production  ol  the  cop: 

the  probate  court  of  the  countywhe 

..r  other  person  Interested  In  such  will. 


MISSISSIPPI : 

From  the  river  of  that  name — an  Indian  word  signifying  according  to 
some  -  Th   Father  of  Waters,"  and  to  others  "  Great  and  Long  River.", 
.  cailed  "The  Bayou  State."     Formed  out  of  territory  ceded  by 
South  Carolina  August  9,  L787,  and  by  Georgia  June  L6,  1802,  to  the 
United  States.     Originally  included  Alabama.     First  permanent  set- 
tlement in  L716  at   Natchez.     Territorial  government  established  by 
of  April  7.  L798,  and  May  10,  1800.     Eastern  part  separated  and 
nized  March  3,  L817,  as  a  Territory  under  the  name  of  Alabama. 
Admitted  into  the  Union   December  10, 1817.    Seceded  January'.'. 
1861,  and  readmitted  February  23,  1870. 

Ana  :  In  square  miles,  47,156;  in  acres,  30,179,840.  Frontage  on 
Cull,  including  irregularities  of  coast  and  islands.  287  miles.  At  Mis- 
sissippi City,  Biloxi,  Shieldsboro',  and  Pascagoula  are  fine  harbors. 

Counties,  71.  . 

.1  .  „,  the  capital:  population,  5,204  :  Vicksburg,  on  the  Missis- 
sippi river,  the  principal  cotton  market :  population  11,814;  Natchez 
an  extensive  shipping  depot :  population,  7.<>">>;. 

Temperature  at   Vicksbunr:  In  winter.  47°  to  56°;  in  summer,  80 
Rainfall  at  Natchez,  54  inches. 

Population  of  state  in  L880,  1,131,597. 

A'.ia<  fiat  i:ai.  Si  mflTICS: 

Number  of  farms  (1880),  101,772;  land  in  farms,  L635&,462  acres;  improved 
land  in  farms,  5,216,937  acres. 
Total  value  of  farms,  $92344,915. 

\  enure  value  per  acre,  cleared  land,  $738;  woodland,  $.>./ 8. 
?armprodud — crop  of  1886:  Indian  corn:  Product, 25,507,000 bushels ;  av- 

,  1,946,666  acres  ;  value  per  bushel, 
Product,  17::.iiiiii  Imsliels  :  average 


Farm  products— crop  of  1886:  Indian  corn:  E 

ene'e  yield  per  acre.  L3.1  bushelfl  |  area  in  crop,  U 

tal  valuation, $15,049,130.    Wheat:  Pn 


MATTIIEWs's    GUIDE.  63 

yield  per  acre,  4  bushels;  area  in  crop,  43,062  acres;  weight  per  bushel,  59 
pounds;  value  per  bushel,  $1.10;  total  valuation,  $190,300.  Rye:  Product, 
10,000  bushels;  average  yield  per  acre,  9.9  bushels;  area  in  crop,  1,008  acres; 
value  i  ler  1  mshel,  $1.25  ;  total  valuation,  $12,500.  Oats :  Product,  3,308,000  bush- 
els ;  average  yield  per  acre,  9.5  bushels  ;  area  in  crop,  355,001  acres  ;  value  per 
bushel,  63  cents;  total  valuation,  $2,121,840. 

Hay:  Product,  28,350  tons;  average  yield  per  acre,  1.5  ton;  area  in  crop, 
27,000  acres  ;  value  per  ton,  $12.40 ;  total  valuation,  $351,540. 

Potatoes:  Product,  573,000  bushels  ;  average  yield  per  acre,  67  bushels ;  ana 
in  crop,  8,556  acres ;  value  per  bushel,  87  cents ;  total  valuation,  $498,510. 

Cotton:  Product,  935,390  bales;  average  yield  per  acre,  .307  bale;  acres  in 
crop,  2,548,674 ;  value  per  pound,  8  cents  3  mills. 

Total  valuation  of  cotton  crop,  $37,654,110. 

Total  area  in  crop,  4,929,967  acres. 

Total  value  of  crop  of  1886,  $55,877,930. 

Cotton  lands  mostly  in  Yazoo  county  and  Mississipi  bottoms. 

Tobacco  (1880) :  Product, 414,663  pounds ;  acres  in  crop,  1,471.  Rice:  Product, 
1,718,951  pounds  ;  acres  in  crop,  3,501.  Sugarcane:  area  in  crop,  4,555  acres ; 
sugar,  18  hogsheads ;  molasses,  536,625  gallons. 

Great  waalth  in  her  timber  supplies.  Extensive  forests  of  chestnut, 
pine,  magnolia,  oak,  and  walnut  on  the  uplands  and  bluffs,  as  also 
of  long  leaf  pine  on  sandy  regions  and  islands  of  the  south. 

Farm  animals,  January  1, 1888 :  Horses,  134,065 ;  average  price,  $71.95  ;  value, 
$9,645,784.  Mules,  159,548 ;  average  price,  $87.68 ;  value,  $13,988,374.  Milch  cows, 
285,904 ;  average  price,  $15.55  ;  value,  $4,445,807.  Oxen  and  other  cattle,  428,909 ; 
average  price,  $9.48;  value,  $4,064,000.  Sheep,  247,830;  average  price,  $1.57; 
value',  $390,332.    Hogs,  1,226,689 ;  average  price,  $3.10 ;  value,  $3,801,754. 

Dairy  products  (1880) :  Milk,  427,492  gallons  ;  butter,  7,454,657  pounds  ;  cheese, 
4,239  pounds. 

Wages  of  farm  labor  per  month  by  the  year  (1888) :  Without  board,  $15.03  ; 
with  board,  $10.09.  Day  wages  in  harvest :  Without  board,  97  cents  ;  with  board, 
73  cents.  Day  wages  of  ordinary  farm  labor :  AVithout  board,  75  cents ;  with 
board  55  cents. 

Manufactures  (1880) : 

Number  of  establishments,  1,479 ;  capital,  $4,727,600  ;  average  number  of  hands 
employed,  5,827 ;  total  wages  paid  per  annum,  $1,192,645  ;  value  of  materials, 

Value  of  products :  Cotton  goods,  $691,415 ;  flouring  and  grist  mill,  $1,762,523  ; 
lumber,  sawed,  $1,920,335 ;  oil,  cottonseed  and  cake,  $560,363 ;  woolen  goods, 
$299,605;  all  other  industries,  $2,284,061. 

Total  valuation  in  1880  of  manufacturing  products,  $7,d18,302. 

Total  assessed  valuation  in  1880  of  real  estate  and  personal  property,  $79,- 

469,530.  ,  ,    MCJE      , 

Railroads,  June  30, 1887 :  Mileage,  708.67 ;  total  track,  /35.4o  miles;  locomo- 
tives, 42 ;  total  revenue  cars,  558. 

Governor  and  other  executive  officers  of  the  State  elected  quadrien- 
nially ;  legislature  elected  every  2  years ;  presidential,  congressional, 
and  "State  elections  Tuesday  after  first  Monday  in  November ;  bien- 
niel  sessions  of  legislature  in  even  numbered  years,  meeting  Tuesday 
after  first  Monday  in  January ;  no  limit  of  session ;  senators,  37— 
representatives,  120;  term  of  senators,  4  years— of  representatives,  2 
years. 


l'i  !  MAI  1  HEMTS'S    '.I  IDi:. 

Electoral  coll<  ge,  9. 

Co!  school  age,  5-21  j  Bchool  population,  444,131. 

Legal  interest  rate,  6  percent.]  by  contract,  10  per  cent.  Usury 
forfeits  entire  interest. 

&TATK  LAWB  IN   RELATION   K>  DEEDS,  DOWER,  DfiSCBNI    a\i>   DISTRIBUTION  OF  PROP" 

bbtt,  Married  Women,  Mechanics'  Liens,  Mortgagesj  and  Wills. 

Deeds.— Conveyances  of  wife's  lands  made  prevlona  to  November  l,  1880,  musl  be  by 
Joint  deed  of  herself  and  husband.  Conveyances  of  the  homestead  must  be  by  joint 
deed,  else  the  conveyance  is  void  as  to  two  thousand  dollars  in  value  on  the  property 
conveyed.  Any  estate  may  be  made  to  commence  in  fitturo.  Every  estate  granted  (a 
i  a  fee,  unless  a  less  estate  Is  expressly  limited  or  clearly  appears  to  be  Intended, 
le  in  Shelly 's  easels  abolished.  Conveyances  purporting  tocon\  eya  greater  estate 
than  the  grantor  may  lawfully  convey  operate  to  the  extenl  thai  he  may  lawfully  a  invey. 
irds  "grant,  bargain,  and  sell "  operate  as  a  covenant  of  seizin  of  an  estate  free  trom 
Incumbrance  made  or  suffered  by  the  grantor  except  the  rents  and  service  that  may  be  re- 
escrved  ,  and  aLjo'or  quiet  enjoy  ment  against  the  grantor,  his  heirs  and  assigns.  Acknowl- 
edgments and  proof  of  deeds  or  other  written  contracts  required  by  the  laws  of  this  State 
to  be  recorded  maj  be  mule'  In  tins  state  before  any  judge  of  the  Bupreme  court.  <ir  any 
Judge  of  the  circuit  court,  any  chancellor,  any  clerk  of  a  court  of  record,  who  shall  certify 
Buch  acknowledgment  <>r  proof  under  the  seal  of  his  office,  or  any  Justice  of  the  p 
or  member  of  the  board  or  county  supervisors,  whether  the  lands  conveyed  be  wlthni 
his  county  or  not.  If  the  party  executing  the  conveyance  of  lands  in  this  state,  or  the 
witnesses  thereto,  resides  not  or  be  not  In  this  state,  but  in  some  other  State  or  Territory 
of  the  Union,  the  acknowledgment  or  proof  may  be  made  before  any  just  i f  the  su- 
preme court  of  the  United  States,  or  any  district  judge  of  the  LTnlted  states,  or  any  judge 
or  |ust ice  of  the  supreme  or  superior  court  of  any  State  or  Territory  ol  the  union,  or  any 
justice  of  the  peace,  whose  official  character  shall  be  certified  under  the  seal  of  some 
court  of  record  in  his  county,  or  before  any  commissioner  residing  in  such  state  or  Terri- 
tory, appointed  by  the  governor  Of  this  State  to  that  end,  or  before  any  notary  public  or 
cleric  of  a  court  of  record,  having  a  seal  of  office,  In  any  state  or  Territory  of  the  Union. 

Unacknowledged  Instruments  may  be  proved  by  one  or  more  of  the  subscribing  wit- 
nesses thereto,  as  above  stated.  If  the  grantor  and  witnesses  be  dead  or  absent,  so  that 
his  or  their  personal  attendance  cannot  be  had,  then  the  handwriting  maj  be  proved. 

Trust  Di 

Des<  i.  vi  and  Distribution  of  Property. — Estates  of  inheritance  of  an  intestate 
•id:    1.  To  the  children  or  their  descendants  by  right  of  representation.    2,   i 
brothers  and  sisters  or  their  descendants  by  same  right.    ■;.  To  the  fat  her  and  mother,  if 
living, or  to  the  survivor  of  them.    i.  To  the  next  of  kin,  computed  by  the  rules  of  the 
civil  Law.    There  is  no  representation  amongst  collaterals,  except,  of  brothers  and  ah 
alone.    There  is  no  distinction  between  the  whole  and  the  ball  blood,  except  that  kin- 
die,  i  of  the  whole  blood  are  preferred  to  those  of  the  half  blood  in  equal  degree.     \  Bur- 
vivingwifeor  husband  take,  tin- whole  property  in  fee,  where  there  are  no  surviving 
onildrenor  descendants  of  children;  and  where  there  are,  takes  a  child's  part, 
lal  property  descends  according  to  tbe  foregoing  rules. 

Hotchpot  is  observed.  Where  there  La  no  person  capable  of  taking  under  the  statute 
the  property,  real  and  personal,  escheats. 

If  the  husband  by  will  make-;  a  devise  of  property  no(  satisfactory  to  the  widow  she 
may,  within  six  months  of  the  probate,  renounce  the  will  as  to  herself,  and  elect  to  take 
er  and  distributive  share. 

Personal  property  In  this  state  descends  a rding  to  the  ab  >ve  rules,  whatever  may 

bet  he  domicile  of  the  intestate,  widow,  hell's,  or  distrlb 

Dower.— Estates  In  dower  and  by  the  curtesy  exisl  where  the  death  occurred  prior 
to  \o.  i  i n»"  r  I,  : 

Exemptions.— No  property  is  exempt  from  execution  when  the  purchase-monej 

thereof  forms,  in  whole  or  In  part,  the  debi  on  which  the  Judgment  is  founded;  nor  is  any 

■  nipt  from  sale  for  non-paymenl  ol   taxes  or  assessments,  or  for  materials 

furnished  therefor,  or  from  a  debt  fir  labor  done  thereon,  or  where  the  Judgment  is  for 

performed,  or  upon  u  forfeited  recognizanc ■  bad  bond. 

subject  to  the  foregoing  rules,  the  exempl  properly  is  as  follows:    A  homestead  to 
u  of   the  Stale,  male  being  a   householder  and  having  a  family, 

not   to  o  thousand  dollars  in  value,  nor  one  hundred  and  Sixty  acres  in  c\- 

:  ins  exemption  is  forfeitable  If  the  debtor  cease  to  reside  on  the  place,  unless  his 
removal  be  temporary,  by  reason  of  .some  casualty  or  necessity,  and  with  the  purpose 
ipylng  it  as  soon  n-  the  cause  of  absence  can  be  removed     if  the  prem- 
ises is  worih  more  than  two  thousand  dollars,  II  may  be  divided.  If  practicable,  if  not, 

sold,  and  tWO  thousand  dollars  of   the  proceeds  paid    to  the  debtor,  the  remainder  to 

the  en 

The  following  property  of  each  bead  of  n  family  or  housekeeper  is  also  exempt:  I. 
Two  horses  or  mules,  or  one  yoke  of  o\en  ;  2.  Two  cows  and  calves ;  .:.  Five  head  of  stock 
hogs;  I  Five  sheep;  <i  one  hundred  and  fifty  bushels  of  corn ;  6.  Three  hundred  bun- 
•  fodder;  ;.  Ten  bushels  of  wheal  or  rice:  S.  Two  hundred  p  iunds  of  meat;  9.  One 
carl  or  wagon,  not  to  exceed  In  valae  one  hundred  dollars;  iu  one  sewing-machine  j  n. 
Bo  eliold  and  kitchen  furniture  not  to  exceed  one  hundred  dollars  In  value ;  12.  Crops 
while  growing:  one  saddle  and  bndie,  fifty  bushels  of  cotton-e l,  forty  gallons  of  mo- 
or Rorghum,  and  one  thousand  stalks  of  Louisiana  cane.    For  such  persons  as  live 


MATTHEWS  S    GUIDE.  P)."> 

incitio,  towns,  and  villages,  there  is  exempt  personal  property  to  be  selected  b\  the 
debtor,  not  to  exceed  two  hundred  and  fifty  dollars  in  value.  This  seems  to  be  an  e\ 
eruption  in  lien  of  the  foregoing,  not  in  addition  to  It. 

One  hundred  dollars  Of  a  Laborer's  or  mechanic's  wanes  a  re  exempt ;  and  the  following 
also,  without  reference  as  to  the  status  of  debtor  as  to  family:  1.  The  tools  of  a  men 
necessary  for  carrying  on  his  trade;  2.  Agricultural  implements  of  a  fanner,  necessary 
for  two  male  laborers;  3.  The  implements  of  a  laborer  necessary  in  his  employment  •  1. 
The  books  ofa  student  required  for  the  completion  of  his  education  ;  5.  Wearing  apparel : 
6.  The  libraries  of  licensed  attorneys,  pracl  Icing  physicians,  ami  ministers,  also  the  In- 
struments of  surgeons  and  dentists,  not  to  exceed  two  hundred  and  fifty  dollars;  7.  The 
arms  and  accoutrements  of  each  enrol  led  nialitiaman;  8.  All  globes,  books,  and  map- 
used  by  the  teachers  of  schools,  academies,  and  colleges.  The  amount  of  any  life  insur- 
ance policy,  not  exceeding  ten  thousand  dollar's,  is  exempt  from  debts  of  deceased. 

The  title  to  exempt  property  vests  in  the  widow  and  children  or  husband  and  child- 
ren, as  tenants  in  common,  by  operation  of  law,  on  the  death  of  the  debtor.  The  execu- 
tors and  administrators  are  requjred  to  designate  it  and  "sel  it  aside"  in  their  appraised 
inventory  j  but  they  never  have  the  title  to  it.  If  there  be  no  widow,  husband,  or  child- 
ren surviving,  the  property  is  liable  to  creditors.  The  debtor  may  sell  his  exempt  prop- 
erty and  convey  good  title;  also,  he  may  remove  it  from  the  state. 

Married  Women— May  acquire,  hold,  enjoy,  sell, bequeath,  and  in  all  other  respects 
deal  with  their  property,  and  may  make  all  kinds  of  contracts,  free  from  any  of  the  com- 
mon law  disabilities.  Gifts  or  conveyances  between  husband  and  wife  are  void,  unless 
in  writing,  acknowledged  and  recorded;  and  all  contracts  between  them  for  compensa- 
tion for  service  are  void;  nor  can  the  husband  rent  the  wife's  plantation  and  outfit  f'oi 
his  own  benefit  except  by  a  written  lease,  acknowledged  and  filed  for  record. 

If  the  husband  converts  the  wife's  property  or  income  he  becomes  her  debtor;  but 
cannot  be  made  to  account  for  income  after  one  year.    If  he  employs  her  income  in  the 
support  of  the  family,  with  her  consent,  he  is  not  liable.    lie  is  not  liable  for  her  ante- 
nuptial debts. 
Women  become  of  age  at  twenty-one. 

Mechanics'  Liens.— Every  building,  bridge,  or  addition  to  any  fixed  machinery  or 
gearing,  or  fixtures  for  manufacturing  purposes,  every  boat  or  water-craft,  and  every 
paling  or  enclosure  is  liable  for  the  payment  of  any  debt  contracted  and  owing  for  labor 
performed  or  materials  furnished  about  the  erection,  alteration,  or  repair  of  the  same 
and  the  debt  is  a  lien  on  the  building  or  structure  and  the  land  on  which  it  is.  The  lien 
takes  effect  from  the  time  of  filing  the  contract  in  the  office  of  the  chancery  clerk  wi- 
the counts' where  the  land  is,  or  from  the  commencement  of  suit  to  enforceit,  and  such 
suit  must  be  begun  within  six  months  after  the  money  claimed  is  due  and  payable. 
Sub-contractors,  or  employees,  or  furnishing  men  of  a  contractor,  are  not  entitled  to  a 
lien. 

Mortgages— Must  be  executed,  acknowledged,  and  recorded  as  other  conveyances, 
and  will  bar  dower  as  other  conveyances.  Between  the  parties  they  are  enforceable 
where  given  on  future  acquired  property.  They  are  foreclosed  by  bill  in  the  chancery 
court  andsale  thereunder.  Mortgagees  may  sell  under  an  express  power  of  sale,  and  mas- 
purchase  at  the  sale.  They  are  discharged  by  payment  of  the  debt  or  performance  of  the 
contract;  and  the  mortgagee  or  trustee,  when  satisfaction  is  received,  must  enter  sat  is- 
faction  upon  the  margin  of  the  record,  and  the  title  reinvests  in  the  mortgagor.  In  all 
cases  where  the  remedy  at  law  to  recover  the  debt  is  barred,  the  remedy  in  equity  on  the 
mortgage  is  also  barred.    See  Deeds. 

Wills— May  be  made  by  any  person  twenty-one  years  of  age.  If  not  written  and 
subscribed  wholly  in  the  hand  of  the  testator,  two  witnesses  are  necessary  to  devise 
realty  or  personalty.  They  are  probated  in  the  common  form  in  the  chancery  court,  or 
before  the  clerk  on  monthly  rule  days,  and  are  recorded  in  that  office. 


MISSOURI  : 

From  the  river  of  that  name — an  Indian  word  signifying  "  Mud 
River"  or  "  Muddy.''''  Also  called  the  "  Pennsylvania  of  the  West." 
Settled  by  the  French  in  1755  at  St.  Genevieve,  and  at  St.  Louis  in 
1764.  Fort  Orleans,  near  Jefferson  City,  built  in  1719  by  the  French. 
Formed  out  of  the  so-called  "  Louisiana  Purchase  "  ceded  in  1803  to 
the  United  States  by  France.  Included  by  the  act  of  March  26, 1804, 
in  the  "  district  of  Louisiana."  Organized  into  a  Territory  by  the  net 
of  June  4,  1812,  which  provided  that  "  the  Territory  heretofore  called 
Louisiana  shall  hereafter  be  called  Missouri/'  which  at  that  date  also 
included  the  Territory  now  known  as  Arkansas.  A  memorial  in  1819 
of  the  territorial  legislature  of  Missouri,  praying  for  admission  into  the 
Union,  gave  rise  in  Congress  and  throughout  the  country  to  a  debate 


Cg  lIATTHEWBfl    QUIDS. 

between  parties  favoring  and  opposing  Its  admission  with  a  constitu- 
tion recognising  slavery.    The  debate  was  a  violent,  protracted,  and 
.  menancing  the  existence  of  the  Union.     A  eom- 
inally  effected  confirming  slavery  in  Missouri,  but  pro- 
hibiting it  in  all  the  territory  acquired  with  Louisiana  north  and  north- 
luri,  or  above  the  line  of  36°  30'  north  latitude,  and  Mis- 
souri was  admitted  August  10.  I821,by  proclamation  of  the  President, 
under  the  resolution  of  March  2.  1821,  it  having  complied  with  "a 
fundamental  condition"  required  by  that  resolution  protecting  the 
"immunities  and  privileges"  of  its  colored  hvedmrn. 

Ar.        .     3quare  miles,  65,370 ;  in  aeivs,  n. s: ;i;.«.i:; l.     Frontage  on 
tie-  Mississippi  river,nearly  550  miles. 

Temperature  at  St.  Louis,  in  winter,  30c  to  43°;  in  summer,  75°  to 
80°.     Rainfall,  42  inches. 
Counties,  115. 

Jefllrson  City  the  capital:  population,  5,271.     St.  Louis  a  port  of 
entry  and  the  largest  city  west  of  the  Mississippi;  also  a  great  manu- 
facturing and  commercial  center :  population  (in  1880),  350,518.    The 
if  St.  Joseph  has  a  trade  amounting  annually  to  §60,000,000  and 
000,  and  its  wholesale  and  jobbing  trade  is  assuming  mam- 
moth  proportions:  population  (in  1880),  32,431.     Kansas  City  (" the 
Chicago  of  thi:  West")  an  important  railroad  and  trade  depot,  and 
•r  of  a  region  of  extraordinary  agricultural  resources,  and 
abounding  in  coal,  lead,  iron,  etc. :  population  in  1880,  55,787 
Population  of  State  (1880),  2,168,380. 

•ltural  Statistics  : 

of  farms  (1880),  '_M-V>75  j  total  land  in  farms,  27,S79,27<;  acres  ;  improved 
land  in  CarmS,  11,134,245  acres, 

1  value  of  farms,  *375,G33,307. 
Average  value  per  acre:  Best  cleared  land,  $50  to  $150  per  acre;  medium 

d  land,  $10  to  $35  per  acre  ;  woodland,  18.25  per  acre. 
Farm   products— crop  of  1S86:    Indian  corn:  Product.  L4:-i,70(J.oiH)  basin 
average  yield  per  acre,  22.2  bushels;  area  in  crop, 6,484,600  acresj  value  per 
bushel,  31  cents;  total  valuation,  $44^49,790.     Wheal:  Product.  21,986,000  bush- 
in  crop,  1,662,721  acres;  average  yield  per  acre,  13.2  bushels;  weight 
per  bushel,  59.5  pounds;  value  per  bushel,  63  cents;  total  valuation,  $13,851,180. 
Product, 571,000 bushels;  average  yield  per  acre,  12  bushels;  area  in  crop, 
17,551  acres;  value  per  bushel,  50  cents;  total  valuation  $285,000.    Oatt:  Product 
.77,000  bushels;  average  yield  per  acre,  23.4  bushels ;  area  in  crop,  1,805,884 
Lue  per  bushel,  25  cents ;  total  valuation,  $7,644,250.    Barley:  Product, 
100  bushels;  average  yield  per  acre,  22.5  bushels:  area  in  crop,  7,995  acres; 
value  per  bushel, 48 cents;  total  valuation; $86,400.    Buckwheat:  l'r<>duet,<;t>,000 
I,,,.!,  ageyield  peracre,9.3  bushels;  area  in  crop,  7,073  acres;  value  per 

bushel,  60  cente  ;  total  valuation,  $39,600. 
nay:  Product,  1.464,750  tons;  average  yield  peracre,  1.09  ton;  area  in  crop, 

ilue  perton,$7;  total  valuation,  $10,253,250. 
/•  „iUrt.  i,]oo,0(X)budieb;  average  yield  per  acre,  50  bushels :  area 

in  crop,  82,189  acres;    value  per  bushel,  42  cento ;  total  valuation,  $1,725,780, 

Tbbacoo:  Product,  11,959,000  pounds;  average  yield  per  acre,  745  pounds; 
area  in  crop,  16,053  acres;  value  per  pound,  7  cents ;  total  valuation,  $837,130. 
tal  ana  of  State  LncTop,  10,952,816  acres ;  total  valuation  of  farm  products, 
$79,272,880. 


MATTHEWS'S    GUIDE.  67 

Wages  of  farm  labor,  per  mouth  by  the  year :  Without  board,  $21  ;  with 
fooard,  $14.20.  Day  wages  in  harvest :  Without  board,  $1.43  ;  with  board,  $1.13. 
Day  wages  of  ordinary  farm  labor :  Without  board,  94  cents  ;  with  board,  80 
cents. 

Farm  animals,  January  1,  1888:  Horses:  Number,  782,104;  average  price, 
$57.59;  value, $45,040,996.  Mules:  Number,  225,563 ;  average  price,  $66.59 ;  value, 
$15,019,534.  Milch  cows :  Number,  737,259 ;  average  price,  $20.25 ;  value,  $14,929,- 
495.  Oxen  and  other  cattle:  Number,  1,429,453;  average  price,  $18.24;  value, 
$26,077,367.    Hogs:  Number,  3,798,799  ;  average  price,  $3.96;  value,  $15,043,246. 

Sheep :  Number  1,087,690 ;  average  price,  $1.74 ;  value,  $1,894,973. 

Manufactures  (18S0) : 

Number  of  establishments,  8,592 ;  capital,  $72,507,844 ;  average  number  of 
hands  employed,  63,995 ;  total  wages  paid  during  year,  $24,309,716 ;  value  of 
materials,  $110,798,392. 

Value  of  products  of  manufactures:  Agricultural  implements,  $1,141,822; 
boots  and  shoes,  $1,982,993 ;  bags  and  other  paper,  $1,730,000;  brick  and  tile, 
$1,602,522 ;  bread  and  other  bakery  products,  $3,250,192 ;  carriages  and  wagons, 
$2,483,738 ;  men's  clothing,  $3,822,477 ;  cooperage,  $1,904,822  ;  cotton  goods,  $524,'- 
580 ;  flouring  and  grist  mill,  $32,438,831 ;  slaughtering  and  meat  packing.  $14,- 
628,630 ;  gold  and  silver  reduced  and  refined,  $4,158,606 ;  iron  and  steel,  $4,660,- 
530 ;  iron  bolts,  nuts,  washers,  and  rivets,  $493,560 ;  lead,  bar,  pipe,  sheet,  and 
shot,  $548,000 ;  leather,  curried,  $336,623 ;  leather,  tanned,  $435,072  ;  liquors,  malt, 
$5,048,077 ;  liquors  distilled,  $527,530 ;  lumber,  sawed,  $5,265,617  ;  lumber,  planed, 
$1,267,636;  marble  and  stone  work,  $1,003,544 ;  paint,  $2,825,800 ;  printing  and 
publishing,  $4,452,962 ;  soap  and  candles,  $1,704,941 ;  sugar  and  molasses,  $4,475,- 
740 ;  tin,  copper,  and  sheet  ironware,  $1,687,320 ;  tobacco,  cigars,  and  cigarettes, 
$1,524,381,  etc. 

Total  value  of  manufactured  products,  $165,386,205. 

Mine  Statistics  (1880) : 

Bituminous  coal:  Product,  543,990  tons;  value, $1,037,100  ;  Iron  ore:  Product, 
386,197  tons;  value,  $1,674,875.  Lead  ore:  Product,  28,315  tons  ;  value,  $1,478,- 
571.  Zinc  ore:  Product,  34,344  tons;  value,  $599,373.  Copper  ingots:  Product, 
230,717 ;  value,  $25,730.    Minor  minerals  (value),  $13,196. 

Total  value  of  all  mining  products,  $4,828,845. 

Quarry  Statistics: 

Marble  and  limestone:  Product,  4,419,300  cubic  feet;  value,  $421,211.  Sand- 
stone: Product,  194,000  cubic  feet;  value,  $81,960.  Crystalline  sihetous  rocks: 
Product,  86,300  cubic  feet;  value,  $110,000. 

Number  of  quarries,  34 ;  capital  invested,  $328,550 ;  product,  4,699,600  cubic 
feet. 

Total  value  quarry  products,  $613,171. 

Railroads,  June  30,  18S7 :  Mileage,  7,818.58 ;  total  track,  12,0S1.27  miles  ;  loco- 
motives, 1,082;  total  revenue  cars,  33,585. 

Governor  and  other  State  executive  officers  elected  quadrennially ; 
legislature,  every  2  years.  Presidential,  congressional  and  State  elec- 
tions Tuesday  after  first  Monday  in  November  ;  senators,  34— repre- 
sentatives, 141;  biennial  sessions  of  legislature  in  odd-numbered 
years,  meeting  Wednesday  after  January  1 ;  sessions  limited  to  70 
days ;  term  of  senators,  4  years— of  representatives,  2  years. 

Electoral  college,  16. 

Colleges,  17  ;  excellent  school  system  amply  supported  ;  school  age, 
6-20;  school  population,  741,632. 

Legal  interest  rate,  6  per  cent, ;  by  contract,  10  per  cent. ;  usury 
.forfeits  entire  interest. 


m  ltthewss  guide. 

State  Laws  in   Relatio  ami  Distribctios 

pbbty,  SIar&ied  Women,   Mechanic's   Liens,  Mortgages,  ami  Will-. 

•  be  under  se  L    A  scrawl  affixed  to  an  Instrumenl 
led  i-  sufficient.    They  must  be  acknowledged,  If  doue  in  > 
.  ■••>urt  having  a  seal,  or  some  |udge.  Justice,  or  clerk  thereof,  notary  public,  or  Jus- 
inty  where  the  estate  lies;  if  don<  State,  then  before 

missioner  of  the  State,  notary  public,  court  of  record  of  the  United  States  or  of  any 
rritory  having  a  Beal.or  clerk  of  any  such  court,  and  If  done  in  u  fo 

ire  any  court  of  any  state,  kingdom,  or  empire  having  a  seal,  or  the 
t  or  chief  officer  of  any  city  or  town  having  an  official  seal,  or  before  a  minister 
asul  of  the  Uniti  ra  notary  i  >  n  •  >  l  i  <  ■  ha>  Ins  a  BeaL 

ry  to  the  validity  of  any  deed  to  be  used  In  this  State.    If  the 
iwledgmenl  to  a  deed  be  taken  by  a  notary  public  of  this  State,  the  certificate  of 
the  officer  must  give  the  date  when  his  commission  expires. 

Every  deed,  mortgage,  conveyance,  deed  of  trust,  bond,  or  other  Instrument  of  writ- 
thorlzed  by  law  to  he  recorded,  In  order  to  be  recorded  musi  be  acknowledged  be- 

i  ime  officer  authorized  to  take  acknowledgment  of  deeds,  whos irtlflcate  shall  be 

icli  instru 
.  Deeds.— See  Mortgages  and  Deedao/  Trust 
-  e.nt  anii  Distbtbi  ii"N  of  Property. — All  property  of  a  person  dying  intes- 
tate descends  and  Is  distributed  as  follows:     1st,  to  children  <>r  their  descendants 
in  •    ual  parts;    2d,  If  there  be  no  children  or  their  descendants,  then  t<>  fothsr, 
mother,  brothers,  and  Bisters,  or  their  descendants  In  equal  part-:   3d,  the  previous 
■  ii-T.  then  to  husband  or  wife;   4th,  these  (ailing,  then  to  grandpar- 
incles,  and  aunts,  and  their  descendants  In  equal  parts,  and  thus  passing  to  the 
;t  lineal  ancestors  and  their  descendants  In  equal  part-,    [nail  cases  the  heirs  of 

the  half  blood  take  only  half  the  Bhares  ol  like  heirs  of  the  whole  hi I.    [fall  the  le-irs 

are  In  the  same  degree  of  relationship  to  the  decedent  they  take  oj  r  capita ;  If  in  unequal 
nearest  take  p<  r  capita,  the  more  remote  per  stiri»  t.    When  the  husband  dies 
without  issue  the  widow  takes  one-half  of  the  estate,  and  also  absolutely  all  the  property 
which  came  to  him  by  the  marriage  and  remains  undisposed  of,  provided  she  make 
•  Ion  as  below  stated.    See  D 
Dowkk.— The  wiie's  dower  in  the  real  estate  of  the  husband  is  one-third  tor  life  if  she 
survive  in  in.    Her  Inchoate  right  of  dower  cannot  be  disposed  of  by  any  net  of  the  hus- 
band (except   In  partition  suits),  or  of  his  creditors.    Upon  the  death  of  the  husband 
leaving  a  child  or  descendant,  the  wife  is  entitled  to  a  share  In  his  personal  estate  equal 
share  of  a  child.    If  the  husband  die  leaving  no  descendant  surviving,  then  the 
widow  will  take  absolutely  all  personal  property  which  came  to  the  husband  in  right  of 
the  marriage,  and  also  one-half  of  the  real  and  personal  estate  of  which  the  husband 

was  owner  . -it  the  tine-  oi   his  death,  provided  she  make  a  written  election   to  take  such 

ibject  to  the  payment  of  the  husband's  debts.    This  election  must  be  in  writ- 
ing, acknowledged  as  In  the  case  of  a  deed,  and  recorded  in  the  county  where  letters  of 

administration  were  granted.  This  must  he  done  within  twelve  months  alter  the  grant 
Of  such  letters,  [f  no  such  election  is  made,  she  will  take  no  interest  In  the  personalty, 
and  will  take  only  ordinary  dower  In  the  realty.    I  Bryant  vs.  <  hristian.  68  M 

Sumptions. — The  following  personal  property  Is  exempt  from  execution  or  attach- 
ment when  owned  by  a  person  not  the  head  of  a  family:  1st,  wearing  apparel;  2d,  nec- 
t - •■  •  l -  and  implements  of  trade  of  any  mechanic  while  carrying  on  his  trade;  and 
when  owned  by  a  person  who  Is  the  bead  or  a  family,  the  following:   1st,  ten  head  of 
ho,'-  ;  2d,  I  en  head  of  Choice  sheep  and  the  product  thereof  in  wool.  yarn,  or  cloth  ; 
Id,  two  COWS  and  calves  :   Ith,  two  plows, one  axe.  one  hoe. and  one  set  ol'  plow  -ears,  and 

all  necessary  farm  implements  for  the  use  of  one  man;  5th,  working  animals  of  the 
value  of  one  hundred  and  fifty  dollars;  6th,  spinning  wheels  and  cards;  7th,  one  loom 
and  apparatus  necessary  tor  manufacturing  cloth  in  a  private  family  ;  sth.  all  the  spun 
yarn,  thread,  and  cloths  manufactured  for  family  use:  9th,  any  quantity  of  hemp,  flax, 
and  wool,  not  exceeding  twenty-five  pound-  each  :  10th.  all  wearing  apparel  of  the  fam- 
ily; 11th,  four  beds  with  the  usual  bedding,  and  such  other  household  and  kitchen  fur- 
niture, not  exceeding  the  value  of  one  hundred  dollars,  as  may  he  nessary  for  the  (am- 
lly,  agreeably  to  an  Inventory  thereof  to  be  returned  on  oath  with  the  execution  bj  the 
officer  levy  in','  the  same;  Eth,  all  arms  and  military  equipments  required  by  law  to  he 
kept  :  13th,  all  such  provisions  a-  maj  he  on  hand  for  family  use,  not  exceeding  in  value 
one  hundred  dollars;  Uth,  the  bibles  and  other  books  used  In  the  family,  lettered  grave- 
.  and  one  pew  in  a  house  of  worship:  lath,  the  necessurj  tools  and  Implements  of 
trade  of  any  mechanic  while  carrying  on  hi-  trade,  ami  all  lawyers,  physicians,  and  mln- 

of  the  gospel  may  -telecl  -u ch  hooks  a-  shall  he  neCCSSarj    to  t  heir  proles- ion  in  I  he 

pli of  oi  her  property  a  hove  mentioned,  and  doctors  of  medicine  in  lieu  of  pro: 

ipt  may  select  their  medlclm  s. 
Tin-  right  i-  also  given  to  the  head  of  a  family  to  -  lect   i-  exempt  in  lieu  of  the  prop- 
erty mentioned  In  the  above  firstfive  subdivisions  other  property,  real  or  personal  or 

ding  in  value  three  hundred  dollars. 

All  court  bouses,  lalls,  clerks' offices,  and  oiler  public  buildings  and  the  -round 
whereon  they  stand,  when  owned  by  i  he  county  or  a  municipal  corporation  therein,  are 
.en i pi  from  execution;  also  ail  burial  grounds. 
No  property  is  exempt  from  seizure  and  sale  for  taxes.    Snr  if  defendant  is  a  non  res- 
ident or  is  about  to  abscond  or  leave  this  state;  hut  If  he  be  a  married  man  and  he  has 
.  led  or  absented  himself  from  in-  place  of  abode,  hi-  wife  may  claim  the  exemp- 
tion.   Nor  i-  any  personal  property  in  the  hand-  of  the  purchaser  thereof, except  an  In 
noeent  purchaser  for  value  without  notice,  exempt  against  an  execution  upon  a  Ju<lg- 


MATTHEWS'S    GUIDE.  69 

ment  for  the  purchase  money.  Nor  is  there  any  exemption  against  a  claim  for  wages  of 
a  house  servant  or  common  laborer  to  the  amount  of  ninety  dollars,  provided  suit  is 
brought  within  six  months. 

Every  housekeeper  or  head  of  afamily  is  entitled  to  have  exempt  from  execution  and 
attachment  the  homestead  occupied  by  him,  not  exceeding  in  value  three  thousand  dol- 
lars in  cities  of  over  forty  thousand  inhabitants,  and  not  exceeding  in  quant  it. \  eighteen 
square  rods  of  gronnd.  In  cities  having  less  than  forty  thousand  and  not  le  ,s  than  ten 
thousand  inhabitants  the  homestead  cannot  exceed  in  value  fifteen  hundred  dollars, 
nor  thirty  square  rods  of  ground;  in  cities  having  less  than  ten  thousand  inhabitants, 
five  acres,  and  not  exceeding  in  value  fifteen  hundred  dollars;  and  one  hundred  and 
sixty  acres  of  land  in  the  country,  not  exceeding  in  value  fifteen  hundred  dollars.  A 
homestead  may  be  conveyed  or  incumbered  as  other  property,  and  for  that  purpose  no 
special  form  of  conveyance  is  required.  If  no  such  conveyance  or  incumbrance  has  been 
made  the  wife  of  the  owner  of  the  homestead  may  file  her  claim  to  the  tract  of  land  oc- 
cupied by  her  and  her  husband,  or  by  her  alone  if  the  husband  has  abandoned  her.  Such 
claim  must  describe  the  property,  and  state  that  the  claimant  is  the  wife  of  the  person 
in  whose  name  the  property  appears  of  record,  and  must  be  acknowledged  as  deeds  are, 
and  recorded  in  the  county  recorder's  office.  After  such  filing  no  conveyance  of  or  in- 
cumbrance on  the  homestead  can  be  made  without  the  consent  of  the  wife. 

Upon  the  death  of  a  person  owning  a  homestead,  leaving  minor  children  or  widow 
surviving  such  homestead  vests  as  a  homestead  in  the  widow  and  minor  children  until 
the  death  of  the  widowand  until  the  youngest  child  isofage.  The  fee  simple  of  the  prop- 
erty subject  to  the  homestead  so  continued  therein,  will  pass  by  descent  or  devise,  and 
may  lie  sold  for  the  decedent's  debts  as  in  other  cases.  If  the  decedent  during  his  life- 
time has  legally  charged  his  homestead  with  the  payment  of  any  debt,  such  charge  will 
continue  and  may  bo  enforced  after  his  death. 

Married  Women —Married  women  may  hold  real  or  personal  property  separate  and 
apart  from  their  husbands  and  free  of  the  debts  of  the  husband.  The  real  estate  and  in- 
come of  a  married  woman  is  not  subject  to  the  husband's  debts,  nor  can  he  dispose  of  it 
unless  she  unite  with  him  in  conveying  it.  This  real  estate  is  liable,  however,  for  nec- 
essaries of  the  family  and  for  improvements  made  upon  it.  Stocks  and  bonds  given  by 
a  parent  to  a  daughter  are  declared  to  be  her  property  notwithstanding  her  marriage, 
and  shall  not  be  liable  for  the  husband's  debts,  except  for  necessaries  ot  the  tamily. 

By  an  act  of  the  general  assembly  approved  March  25,  187o  (R.  s.  .TJiiO),  and  act  of 
March  16, 1883,  all  personal  property  and  choses  in  action  belonging  to  a  married  woman, 
no  matter  how  the  same  may  be  after  said  act  acquired  by  her,  becomes  and  is  her  sepa- 
rate property,  free  of  the  husband's  debts,  but  not  free  of  debts  contracted  by  the  wife 
before  marriage,  or  for  debts  of  husband  for  necessaries  of  wife  or  family.  For  such  per- 
sonal property,  including  rights  in  action,  a  married  woman  may  sue  in  her  own  name 
and  without  joining  her  husband,  as  if  she  were  sole.  To  make  such  property  the  prop- 
erty of  the  husband  Mdll  require  a  written  transfer  from  her,  or  a  written  admission  that 
the  husband  shall  be  the  sole  owner  of  the  property  or  chose  in  action. 

A  married  woman  can  make  contracts  in  her  own  name  which  will  bind  her  separate 
•operly,ve&\  and  personal.  Her  s< 
age  is  not  bound  for  her  husbanc 
except  such  as  he  may  have  acqui 
tracted  before  the  marriage. 

Females  are  of  full  age  at  eighteen  years,  and  males  at  twenty-one;  but  males  at  the 
age  of  eighteen  may  make  wills  of  personal  property. 

Mechanics'  Liens.— Every  person  performing  any  work  or  furnishing  any  materials, 
fixtures  engines,  boilers,  or  machinery  for  any  building,  erection,  or  improvement  on 
land  or  for  repairing  the  same,  has  a  lien  for  his  services  on  the  building  and  land  be- 
longing to  the  owner  on  which  the  building  is,  to  the  extent  of  one  acre,  or  it  m  a  city, 
town  or  village,  on  the  lot  and  building.  Every  original  contractor  within  six  months, 
every  journeyman  and  day  laborer  within  thirty  days,  and  every  other  person  within 
four  months  must  file  with  the  clerk  of  the  circuit  court  for  the  county  where  the  prop- 
erty is,  a  true  account  of  his  demand,  a  description  of  the  property,  and  the  owners 
name,  and  action  to  enforce  the  lien  must  be  begun  within  ninety  days  alter  filing  such 
account.  Sub-contractor  or  laborer  must  give  owner  ten  days'  notice  before  tiling  lien. 
Mortgages  and  Deeds  of  Trust.— Mortgages  and  deeds  of  trust  must  be  executed 
and  acknowledged  like  other  deeds,  and  must  be  recorded.  The  common  form  of  security 
in  this  State  is  a  deed  of  trust.  By  it  the  property  is  conveyed  to  a  trustee  with  povyer  to 
sell  and  to  convev  the  property  absolutely  if  the  debt,  usually  expressed  by  notes,  is  not. 
paid  This  proceeding  is  without  suit.  Mortgages  and  deeds  of  trust  may  be  satisfied, 
at  an  expense  of  thirty-five  cents,  upon  the  margin  of  the  record  of  the  mortgage  or  deed 
of  trust  in  the  recorder's  office;  if  satisfied  by  the  assignee  of  the  notes  the  notes  must 
be  produced  for  cancellation  or  affidavit  of  their  payment  be  made.  Releases  may  also 
be  made  by  deed.  Trustees  in  deeds  of  trust  are  prohibited  from  releasing  such  deeds 
unless  the  creditor  joins  in  such  release. 

Wills.— Wills  as  to  realty  may  be  made  by  male  persons  over  the  age  of  twenty-one 
years;  and  as  to  personalty,  by  male  persons  over  the  age  of  eighteen  years.  Women  of 
the  age  of  eighteen,  whether  married  or  single,  may  make  wills  as  to  their  realty  and 
personalty.  The  dower  of  a  wife  and  curtesy  of  the  husband  cannot  be  affected  by  a 
will  unless  the  provisions  of  the  will  in  that  respect  are  accepted  by  the  non-rejection  of 
the  provisions  of  the  will  within  a  specified  time  and  In  a  certain  formal  way.    Wills 


have  been  probated,  and  copies  duly  certified  should  also  be  recorded  in  all  other  coun- 
ties where  the  estate  h-is  any  realty. 


70  SiATTHEWB's    c.l'IDE. 

MONTANA: 

Formed  out  of  the  so-called  "Louisiana  Purchase"  ceded  to  the 
Unit  3  3  in  1803  by  Prance.  Included  atone  time  within  the 
territorial   limits  of  Oregon  and   Nebraska.     Created  a  Territory  by 

the  act  ni' May  26,  ls''»l.  and  Subsequently  in  ls7d.  L'.<>< >0  square  miles 
idd-d  to  it  from  Dakota. 

Area:  In  square  miles,   143,776;    in  acres,  02,016,040.     Greal 
length  from  east  to  west,  640  miles ;  width,  275  miles.     Valleys  and 
bench  lands   cover  an  area  of  47,000  square  miles  at  a  less  altitude 
than  3,000  feet     Mean  average  height  above  level  of  the  sea,  3,000 
feet     Valuable  timber  forests  of  pines,  spruces,  iirs,  etc. 

Counties.  17. 

Three-fifths  of  Territory  estimated  as  suitable  for  agricultural  pur- 
poses; nearly  another  fifth  valuable  for  grazing  purposes. 

Great  water  courses  are  the  Clark's  Fork  of  the  Columbia,  the  Mis- 
souri with  its  chief  tributaries,  the  Milk  and  the  Yellowstone  rivers: 
navigable  within  the  Territory  for  1,500  miles.  The  Missouri,  its 
greatest  commercial  highway,  traverses  1,000  miles  of  Montana  soil, 
and  is  navigable  lor  4.000  miles  from  the  interior  to  Gulf  of  Mexico. 

Tlie  scenery,  mountains,  hills,  valleys,  and  lakes  are  grand  and 
beautiful.  The  streams  abound  with  fish,  and  the  plains  with  buffalo, 
deer,  antelope, elk, etc.     Game  birds  abundant;  the  hunter's  paradise. 

The  Great  Falls  of  the  Missouri,  one  of  nature's  wonders,  has  a  per- 
pendicular fall  of  90  feet. 

Climate  dry.  healthy  and  invigorating.     Miasma  unknown. 

Hot  or  warm  springs  found  in  many  parts:  lakes  numerous.  Long 
and  well  earned  reputation  for  cure  or  alleviation  of  lung  diseases. 

Helena  the  capital  and  most  Lmportanl  city:  population  in  1880, 
3,624.  Butte  City:  population,  3,363.  Virginia  city:  population, 
624. 

Three  United  States  district  courts — held  at  Helena  twice  a  year, 
and  at  Virginia  city  three  times  a  year. 

I       nated  population  in  1887,  130,000. 

Temperature:  At  Virginia  city,  in  winter,  17°  to  30° ;  in  summer, 
55°  to  65°.     Rainfall  increasing. 

AOBICI  LTUBAL  STATE 

No.  of  farms  (in  L880),  L,519;  total  land  in  farms,  105,683  acres;  unproved 
-  in  farms.  262,61 1  acres. 
:  value  in  L880  of  farms,  $3,234;504. 

:ii  products — crop  of  L886:  Indian  rum:  Product,  22,000  bushels;  area 
in  crop,  890  acres;  average  yield  per  acre,  24.7  bushels ;  value  per  bushel,  66 
tal  valuation,  $14,300.  Wheat:  Product  L,509,000  bushels;  area  in 
crop,  88,896  acres;  average  yield  per  acre,  17  bushels;  weight  per  bushel,  58.3 
pounds;  value  per  bushel,  75  cents;  total  valuation,  $1,131,750.  Oats:  Product, 
''ui 1 bushels;  area  in  crop, 56,774  acres;  average  yield  per  acre, 35  bushels; 
value  per bushel,  55  cents ;  total  valuation,  $1,092,850.  Barley:  Product, 72,000 
bushel-:  area  in  crop,  3,144  acres;  average  yield  per  acre,  22.9  bushels ;  value 
per  bushel,  46  cents  ;  total  valuation,  $33,120. 


MATTHEWS'S    GUIDE.  71 

Potatoes:  Product,  451,000  bushels;  area  in  crop,  4,253  acres;  average  yield 
per  acre,  100  bushels ;  value  per  bushel,  90  cents  ;  total  valuation,  $405,900. 

Hay :  Product,  152,048  tons ;  area  in  crop,  139,050  acres ;  average  yield  per 
acre,  1.09  ton  ;  value  per  ton,  $10.50;  total  valuation,  $1,596,504. 

Total  area  in  crop,  293,607  acres. 

Total  value  of  crop,  $4,274,424. 

Wages  of  farm  labor  per  month  by  the  year:  Without  board,  $40;  with 
board, $27.50.  Day  wages  in  harvest:  Without  board, $2.20  ;  with  board, $1.50. 
Day  wages  of  ordinary  farm  labor:  Without  board,  $1.70 ;  with  board,  $1.20. 

Farm  lands  great  in  area  and  richly  productive,  Reported  esti- 
mated yield  of  1887  without  irrigation :  Oats  at  80  bushels  per  acre ; 
wheat  at  65  bushels  per  acre ;  Indian  corn  at  40  bushels  per  acre ; 
potatoes  at  from  200  to  300  bushels  per  acre.  Abundant  crop  of  small 
fruits.     Increased  rainfall  and  new  irrigating  canals  stimulate  farming. 

Orchard  products  plentiful. 

Farm  animals,  January  1,  1888:  Horses:  Number,  187,344;  average  price, 
$50.96 ;  value,  $9,547,985.  Mules :  Number,  5,537 ;  average  price,  $63.53 ;  value, 
$351,746.  Milch  cows:  Number,  31,132 ;  average  price,  $28.40 ;  value, $884,149. 
Oxen  and  other  cattle :  Number,  934,500 :  average  price,  $19.21 ;  value,  $17,948,007. 
Hogs :  Number,  22,289 ;  average  price,  $6.77  ;  value,  $150,898. 

Sheep:  Number,  1,265,000;  average  price,  $2.10;  value,  $2,658,398. 

Improvement  in  character  of  sheep.  High  and  dry  ranges  of  the 
northwest  the  natural  home  of  the  sheep. 

Estimated  value  of  wool  clip  of  1887  over  $1,000,000. 

Quality  and  quantity  of  wool  have  greatly  improved ;  now  ranks 
next  to  highest  class  of  wool  raised  in  the  United  States.  Profits  on 
wool  growing  estimated  at  from  25  to  35  per  cent,  on  capital  invested. 

Stock  raising  important  and  most  prosperous.  Stock  of  high  order. 
Reported  estimates  for  1887  gives:  Cattle,  1,400,000;  horses,  190,000: 
sheep,  2,000,000.  Climate,  soil,  and  grass  peculiarly  adapted  to  the 
raising  of  fine  horses.  Cattle  raising  comparatively  free  of  expense ; 
profits  great.  Rich  grasses  grow  in  luxuriance  in  the  valleys.  Cattle 
graze  on  the  ranges  throughout  the  entire  year. 

Manufactures  (1880) : 

No.  of  establishments,  196 ;  capital,  $S99,390 ;  average  number  hands  em- 
ployed, 578 ;  value  of  materials,  $1,006,442. 

Value  of  products :  Flouring  and  grist  mill,  $475,467 ;  lumber,  sawed,  $527,- 
695  ;  all  other  industries,  $832,705. 

Total  value  in  1880  of  products  of  manufactures,  $1,835,S67. 

Three  great  railroad  trunk  lines  stretch  out  and  over  this  entire 
territory,  affording  all  necessary  transportation.  Branch  roads  pene- 
trate into  the  important  mining  sections. 

Trade  and  commerce  during  1887  amounted  to  $49,000,000. 

Mining  a  leading  industry.  Its  progress  rapid  and  constant :  Gold 
and  silver,  copper,  lead,  etc.,  successfully  mined  Good  bituminous 
coal  and  lignite  in  nearly  every  county.  Lumber  and  flour  mills 
and  smelting  works. 


HEWS  a    GUIDE. 


Education:  Schools,  public  and  private,  excellent,  supported  by 
liberal  provisi<  S  ibstantial,  commodious,  and  even  eleganl  Bchool 

buildings  in  its  cities  and  towns. 

Assessed  valuation  of  taxable  property  for  1887,  869,600,000. 

ial  and  territorial  elections  Tuesday  after  first  Monday 

in  November;  senators,  12— representatives,  24 ;    biennial  sessions  of 

ature  in  odd-numbered  years,  meeting   second  Monday  in  Jan- 

:  limit  of  session,  60  days;    terms  of  senators  and  members,  2 

I.  gal  interest  rate,  10  p<  r  c<  at. ;  any  rate  by  contract. 

roBi  u.  Laws  in  relation  to  Deeds,  Dower,  Debcbni  and  Distribi  mom  of 

NEBTY,   M  \  i : '. :  1 1  D  WOKEN,   Mi'  HANK  S'    LlENS,   MoRTG  LGES,  AND  Wll.I.-. 

inn-    \.-kn-..\vi.i  re— Every  conveyance  In  writing  of  or  affecting  real 

propertvmust  be  acknowledged  or  proved  and  certified  aa i  hereafter  stated.    The  proof 
or  acknowledgment  may  be  made  within  the  Territory,  before  the  secretary  oi  the  Ter- 
ritory some  Judge  or  clerk  of  a  court  bavliig  a  seal^  notary  pbllcypr  lusticeolthei 
the  county  clerk  and  ez-offlcto  county  recorder;  without  the  Territory,  but  within  the 
TTnited  States  bvsome  ludge  or  clerk  of  any  court  ol  thel  nited  States  or  any  State  or 


tizance  ot  his  official  character. 

Tai  Not  in  use  in  this  Territory.  ,,..-,.  , 

f)Esi  i  \r  ind  Distribution  of  Property.— The  law  of  descent  and  distribution  of 

inder  Hie  Probate  Practice  Act  of  1877,  Is  identical  with  that  of 

irE&— The  law  of  dower  Is  virtually  repealed  by  the  Probate  Act,  which  giy< 
surviving  husband  or  wife  one-half  In  fee  if  there  are  no  children;  if  there  are  children, 
then  one-third  in  fee.    (Probate  Practice  Act,18770 

In  the  Probate  Practice  Act,  February  16,  1877,  J650,  it  is  provided  that  upon  the  death 
of  the  wife  the  entire  community  property  belongs  to  husband  without  admmistratlon, 
,  iceol  Buch  portion  as  has  been  setapart  byjudicial  decree  for  her  support,    llns  she 
eof  bv  will,  ami  it  goes  to  her  heirs  exclusive  of  her  husband. 
.,1  of  same  act  pro\  ides,  thai   upon  the  death  ol  the  husband  one-halt  ol  the 
inlty  property  goes  to  the  surviving  wife  and  the  other  half  is  subject  to  the  hna- 
disposition.    See  Married  Women. 
FX                      \,e  asfollows:   All  clothing  oi  the  debtor  and  Camily,  and  el 
tables  desks  andl ks,  to  the  value  or  one  hundred  dollars:   also  all  ai  cessary  b< 


with  their  calves  two  swine,  and  fifty  domestic  fowl.  In  addition  to  the  above,  tl 
exempt  to  a  former  his  forming  utensils  not  exceeding  six  hundred  dollars  In  valui 
oxen  or  one  horse  or  mule,  and  their  harness,  two  cows,  one  cart  or  wagon,  an 
for  such  stock  for  three  monthB  ;   two  hundred  dollars'  worth  i 

tables  actually  provided  for  the  purpose  of  sowing  or  planting,      rhe  proper  tools.  In- 
struments, or"  books  of  any  mechanic,  physician,  dentist,  l  iwyer,  or  clergyman 

«*■  m     •  F  ...  .i...      <:..._    1......1 1        1  .  .  1  1  .  .  i>.  ■      .mil    >il  ii.'    ti.uk:     an. 


macl 

doll 
mon 

ir  ui the  mine,    one   norsc.  muie,  or  wo  oxen,   veuicio  ami.  uai  ucso,  uj 

the  debtor  habitually  earns  his  living,  and  one  borsewlth  yehicleand  harness,  of  phy- 

1  Hergyman,  used   In  making  professional   visits,  with  i I  for  such  stock  tor 

Ml  arm-,  uniforms,  etc,  required  by  law  to  be  kept  by  any  person.    All 

rty  generally  held  by  the  county  or  town  for  the  benefit  ol  the  county  or  the  pub- 

Instavendor's  lien  oramortgage.    The  wages  ofa  debtor  earned  at 

any  time  within  thirl  I    pr ling  the  levy,  provided  that  they  are  nec< 

for  the  use  of  his  family  residing  in  the  Territory,  supported  wholly  or  In  partbyhia 
labor.    Nonebul  ntscanclaim  the  benefits  of  this  law. 

\  I,,,,,  .,  value  twenty-live  hundred  dollar-:  n  agricultural  land, 

.,,,„.  i, ,,,,.,  ^.ct of  1879.     [f  within  the  limit 

town  plat  cltv  or  village,  not  to  exceed  one-fourth  of  an  acre,     rhe  debtor  has  his  op- 
tion of  the  two  and  may  select  either,  with  all  Improvements  thereon,  which  are  m- 


derk,  mechanic,  laborer,  <>r  servant 


MATTHEWS's    GUIDE.  73 

Mahkikd  Women.— The  property  of  a  married  woman,  owned  before  marriage,  and 
any  acquired  after  marriage  by  gift,  grant,  devise,  descent,  <>r  otherwise,  and  the  use, 
Increase,  and  profits  thereof,  is  exempt  from  debts  or  liabilities  of  husband  excopl  for 
necessaries  for  the  benefit  of  herself  and  children  under  eighteen  years  of  age,  Bui  such 
property  so  claimed  must  set  forth  in  a  list  to  be  recorded  with  the  register  of  deeds  in 
the  county  where  she  resides.    Females  become  of  age  at  eighteen. 

By  act  of  February 4, 1874,  a  married  woman  may  become  a  sole  trader  by  making, 
acknowledging,  and  recording  with  county  recorder  of  deeds  her  Intention  so  to  do, and 
setting  forth  the  nature  of  the  business  that  she  intends  to  transact.  If  the  amount  by 
her  invested  in  business  exceeds  ten  thousand  dollars  the  declaration  must  contain  a 
statement  under  oath  that  the  surplus  above  ten  thousand  dollars  did  not  rome  from 
any  funds  belonging  to  her  husband.  Such  married  woman  is  responsible  for  the  main- 
tenance of  her  children.  The  husband  is  not  liable  for  any  debts  contracted  in  the  course 
of  business  done  by  his  wife,  except  by  special  consent  in  writing. 

By  the  act  of  March  3, 1887,  a  married  woman  has  the  same  legal  existence  and  per- 
sonality after  marriage  as  before,  and  may  sue  in  her  own  name  for  injuries  to  her  repu- 
tation, person,  or  property.  By  the  act  of  March  7, 1887,  contracts  made  by  a  married 
woman  in  respect  to  her  separate  property,  labor,  or  services  are  not  binding  on  her  hus- 
band. She  may  make  contracts,  oral  or  written,  and  may  waive  or  dispose  of  any  inter- 
est in  real  essate,  either  in  person  or  by  attorney. 

Mechanics'  Liens. — Mechanics,  laborers,  and  others  who  contribute  to  the  construc- 
tion, repairing,  or  improving  of  any  kind  of  property  have  a  lien  thereon.  Original  con- 
tractor within  ninety  days  of  date  of  last  item,  sub-contractor  within  thirty  days,  must 
file  in  the  county  recorder's  office  his  account,  with  description  of  property  on  which 
lien  is  claimed.  Suit  must  be  commenced  by  contractors  within  one  year  after  filing,  by 
sub-contractors  within  ninety  days. 

Mortgages.— Mortgages  on  real  estate  must  be  executed  and  recorded  like  deeds. 
The  foreclosure  of  a  mortgage  is  a  civil  action  provided  for  in  Code  of  Civil  Procedure, 
1877,  p.  135.  The  mortgagor  has  six  months  in  which  to  redeem  after  sale.  Satisfaction 
may  be  made  by  entry  in  margin  of  record  or  by  separate  instrument  duly  executed. 
Failure  to  enter  satisfaction  for  one  week  after  request  subjects  the  delinquent  to  forfeit- 
ure of  one  hundred  dollars  to  mortgagee  besides  other  damages. 

Wills. — Every  person  over  the  age  of  eighteen  years  and  of  sound  mind  may  dispose 
of  his  real  and  personal  estate,  and  all  his  right  and  interest  therein,  by  last  will  and 
testament  in  writing.  The  will  must  be  signed  at  the  end  thereof  by  the  testator,  or  by 
some  person  in  his  presence  and  by  his  express  direction,  and  attested  and  subscribed 
in  his  presence  by  two  or  more  competent  witnesses.  A  married  woman  may  by  will 
dispose  of  any  property,  real  or  personal,  held  by  her,  or  to  which  she  is  entitled  in  her 
own  right.  Descent  of  real  and  personal  property  is  provided  for  in  the  Probate  Prac- 
tice Act,  and  is  in  all  respects  the  same  as  in  California,  which  see. 


NEBRASKA: 

An  Indian  word  signifying  "Water  Valley" — "Shallow  river." 
Part  of  the  so-called  "  Louisiana  Purchase  "  ceded  to  the  United  States 
in  1803  by  France.  As  early  as  December  17, 1844,  Hon.  Stephen  A. 
Douglas  of  Illlinois,  introduced  into  the  House  of  representatives  a 
bill  "to  establish  the  Territory  of  Nebraska."  It  failed  to  become  a 
law.  Organized  by  the  act  of  May  30,  1854,  as  a  Territory.  The 
bill,  January  16,  1867,  providing  for  the  admission  of  Nebraska  on 
the  condition  that  the  word  "white"  be  struck  out  of  its  constitution 
wherever  it  occurred  therein,  and  which  was  vetoed  by  President 
Andrew  Johnson,  became  a  law  February  9,  1867,  by  its  passage  over 
the  President's  veto,  and  under  its  provision  Nebraska  was  admitted 
as  a  State,  by  proclamation  of  the  President  March  1,  1867. 

Area  :  In  square  miles,  73,558;  in  acres,  47,077,359. 

Platte  river  its  principal  watercourse,  running  through  the  State 
east  and  west. 

Counties,  79. 

Temperature:  At  Omaha,  in  winter,  20°  to  34°;  in  summer,  72°  to 
78°.     Rainfall  at  Fort  Kearney,  25  inches. 

Lincoln  the  capital  and  thriving  city :  population  (1885),  20,005. 
Omaha  the  metropolis  and  commercial   center:    also  a  port  of  de- 


74  MATTHEWS    '.TIDE. 

livery:    population,  61,835.     Plattemouthr:  population,   5,796.    Ne- 
braska City:  population,  5,597. 
Population  of  Stat.-.  452,402. 

Agricultural  State 

of  forms  (1880),  63,387;  total  land  in  forms,  9,944326  acres;  improved 
land  in  farms,  5,504,702  acres  ;  value  of  farms,  $105,932,541. 
Lands  cheap  and  fertile. 

Farm  products— crop  of  1886:  T»<l!anrnrn:  Product,  106,129,000  bushels;  av- 

vield  per  acre,  27.4  bushels;  area  in  crop,  3379,123  acres;  value  per  bushel, 

;it^;  total  valuation,  $21,225,800.      Wheat:  Product,  17,449,000  bushels; 

« yield  per  acre,  ll  bushels;  area  in  crop,  1,579,727  acres;    value  per 

bushel  47  cents;    weight   per  bushel,  57  pounds;  total  valuation,  $8,201,030. 

Rue:  Product,  894,000  bushels;  average  yield  per  acre,  13  bushels;  area  in 

I  acn  - :  value  per  bushel,  82  cents;  total  valuation,  $286,080.    Oats: 

Product   21,865,000  bushels ;  average  vield  per  acre,  29.5  bushels;   area  in 

crop    742,051   aares;   value  per  bushel,  19  cents;  total  valuation,  $4,154,350. 

■  Product,  3,786,000  bushels  ;  average  yield  per  acre,  22  bushels ;  area  in 

172,088  acres;  value  per  bushel,  31   cents;  total  valuation,  $1,173,060. 

Buckwheat:  Product,  29,000  bushels;  average  yield  per  acre,  8.6  bushels ;  area- 

in  crop  3  856  acres ;  value  per  bushel,  60  cents  ;  total  valuation,  $17,400. 

Potatoes:  Product,  3,278,000  bushels;  average  yield  per  acre,  00  bushels;, 
area  in  crop,  54,630  acres;  value  per  bushel,  40  cents ;  total  valuation,  $1,131,- 

Ifoj  ■  Product,  1.302.000  tons  ;  average  yield  per  acre,  1.45  ton  :  area  in  cropr 
900.000  acn-  ;  vain.'  per  ton,  $3.95  :  total  valuation.  $5,220,000. 

Total  area  in  annual  crop,  7,459,708  acres. 

Total  Valuation  of  crop,  $41,589,520. 

Wages  of  farm  labor  per  month  by  the  year:  Without  board,  $25-59;  with- 
board"  $17.18.  Day  wages  in  harvest :  Without  board.  130  cents;  with  hoardr 
1.42  cents.     Day  wages  of  ordinary  farm  labor:  Without  board,  $1.37;  with 

Farm' animals  January  1,  1888 :  Horses:  Number,  412,980  ;  average  price, 
$75n->-  value  *:;i  :ni,'.)0S.*  Mules:  Number, 41,165 ; average  price, $90.40 ;  value, 
$3  721  363  Milch  com:  Number,  357,202  ;  average  price,  $25.50;  value,  $9,108,- 
651  /  other  cattle:  Number,  1,079,646;  average  price,  $21.08  ;   value, 

$"•>  763  690.  Hogs:  Number,  2,334,525  ;  average  price,  $5.72  ;  value,  $13,341,813. 
,.•  Number,  122.112;  average  price,  $2.02 ;  value,  $852,456. 

Wool  clip  (1880),  L,282,656  pounds. 

Dairy  products:  Milk,  025,783 gallons;  butter, 9,725,198  pounds;  cheese,  230,- 
819  pounds. 

Stock  raising,  next  to  farming,  the  great  industry  of  the  State. 
Fine  grazing  region  in  western  part  of  State.     Excellent  herd  law. 

M     ruvACTUBSB  (1880): 

No  of  establishments,  1,403.  Capital  invested,  $4,881,150.  Avera-e  num- 
ber of  hands  employed,  4,793.    Total  wages  paid  per  annum, $1,742,311.     Value 

°  Value  of  products :  Flouring  and  <:rist  mill,  $4,193,086 ;  slaughtering  and  meat 

nackinc  $135931)7;  saddlery  aud  harness.  $477,864 ;  printing  and  publishing, 

$4P.)  161-  malt  liquors,  $393 ,870;  brick  and  tile,  $349,478  ;  paint,  $350,000 ;  lum- 

,5,(n;2:   tinware,  copperware,  and  sheet  ironware,  $320,680;  al 

other  industries.  $4,498,9  •       ^■Mfrooa 

Total  value  Of  manufactunng  products,  $12,627,886. 

Advance  in  manufactures  remarkable. 

Number  of  establishments  in  1870,670;   in   L880,  1,408.     Capital  in  1870, 
in  L880,  $4^81,150. 


MATTHEWS'S    GUIDE.  75 

Coal,  bituminous :  Product,  200  tons ;  value,  $750. 

Railroads,  June  30, 1887  :  Mileage,  3,333.82 ;  total  track,  3,804.85  miles  ;  locomo- 
tives, 401 ;  total  revenue  cars,  (.),108. 

Presidential,  congressional,  and  State  elections  Tuesday  after  first 
Monday  in  November;  senators,  33 — representatives,  100 ;  sessions 
of  legislature  biennial  in  odd-numbered  years,  meeting  first  Tuesday 
in  January ;  limit  of  session,  40  days ;  terms  of  senators  and  repre- 
sentatives, 2  years. 

Assessed  valuation  in  1880  of  real  estate  and  personal  property,  $90,585,782. 

Electoral  college,  5. 

Colleges,  9  ;  State  university  at  Lincoln.  Scbool  age,  5-21 ;  school 
population,  135,511. 

Legal  interest  rate,  7  per  cent. ;  by  contract,  10  per  cent. ;  usury 
forfeits  interest  and  cost. 

State  Laws  in  Relation  to  Deeds,  Dower,  Descent  and  Distribution  of 
Propekty,  Married  Women,  Mechanics'  Liens,  Mortgages,  and  Wills. 

Deeds.— Deeds  of  real  estate  must  be  signed  by  the  grantor  in  the  presence  of  at 
least  one  competent  witness,  who  should  subscribe  his  name  as  a  witness  thereto,  and 
they  must  be  acknowledged  and  approved.  No  seal  is  required.  The  term  heirs,  or 
other  technical  words  of  inheritance,  are  not  necessary  to  create  or  convey  an  estate  in 
fee  simple.  A  married  woman  should  waive  her  right  of  dower,  and  in  case  of  a  home- 
stead it  can  only  be  incumbered  and  conveyed  by  an  instrument  signed  jointly  by  the 
husband  and  wife.  They  do  not  take  effect  until  recorded  as  to  creditors  and  subsequent 
purchasers  for  value  and  without  notice.  The  record  is  made  in  the  office  of  the  county 
clerk  of  the  county  in  which  the  land  is  situated. 

Trust  Deeds— Are  not  void,  or,  if  used,  are  construed  as  mortgages. 

Descent.— Lands  descend  in  equal  shares  to  children  and  lawful  issue  of  deceased 
child;  if  no  children,  to  all  other  lineal  descendants,  who,  if  of  same  degree  of  kindred, 
take  equally,  otherwise  by  right  of  representation;  if  no  issue,  to  widow  for  life,  then  to 
father;  if  no  issue  nor  widow,  nor  father,  in  equal  shares  to  brothers  and  sisters  and  to 
children  of  deceased  brothers  and  sisters  by  right  of  representation ;  provided  that  the 
mother,  if  any,  shall  take  equally  with  brothers  and  sisters;  if  no  issue,  widow,  lather, 
brother,  or  sister,  to  mother,  to  exclusion  of  issue  of  deceased  brother  or  sister;  if  no 
kindred  above  mentioned,  to  next  of  kin  in  equal  degrees ;  except  of  collateral  kindred, 
those  claiming  through  nearest  ancestor  are  preferred;  provided  that  if  intestate  is  an 
unmarried  infant,  his  estate  inherited  from  deceased  parent  shall  descend  in  equal  shares 
to  other  children  of  same  parent,  and  by  right  of  representation  to  issue  of  such  other 
children  decased ;  but  if  all  such  children  are  dead,  and  their  issue  aforesaid  be  oi  the 
same  degree  of  kindred,  they  shall  take  equally;  if  widow  and  no  kindred,  to  such 
widow;  if  no  widow  nor  kindred,  escheats  to  the  people  of  the  State.  Illegitimate  chil- 
dren are  heir  of  mother  and  also  of  man  who,  in  writing,  etc.,  acknowledges  himself  to 
be  the  father.  Estates  of  deceased  illegitimate  children  descend  to  mothers  Degrees  of 
kindred  computed  according  to  rules  of  civil  law,  and  kindred  of  half  blood  inherit 
equally  with  those  of  whole  blood,  unless  the  inheritance  came  to  intestate  from  ances- 
tor of  different  blood.  Child's  inheritance  is  reduced  by  advancement  in  lifetime  ol  in- 
testate, and  all  gifts  are  presumed  advancements  prima  facie.  Posthumous  children  are 
considered  as  living  at  death  of  parent.    (C.  S.,  p.  215;  g  30;  p.  216,  §  I  31,  32, 34:  p.  217,  §  41.) 

Where  a  married  woman,  seized  in  her  own  right  of  any  estate  of  inheritance  in 
lands,  dies,  leaving  no  issue,  the  lands  descend  to  her  surviving  husband  during  his 
natural  life  as  tenant  by  curtesy,  and  after  his  death  to  her  father.  If  she  have  no  father,, 
her  estate  descends  to  her  mother.  If  she  have  no  father  nor  mother,  it  descends  in 
equal  shares  to  her  brothers  and  sisters  and  to  the  children  of  any  deceased  brother  or 
sister,  by  right  of  representation.  But  if  she  have  issue  by  any  former  husband,  to  whom 
the  estate  might  descend,  such  issue  shall  take  so  much  of  the  same  as  has  not  come  to- 
ller as  a  gift  from  her  surviving  husband,  discharged  from  his  right  as  tenant  by  cur- 
tesy. And  if  she  shall  have  issue  by  her  surviving  husband  alone,  or  by  her  former  hus- 
band and  also  by  her  surviving  husband,  then  the  surviving  husband  on  her  death 
holds  as  tenant  by  curtesy  only  one-third  interest  in  the  inheritance  of  his  own  issue  by 
his  deceased  wife.    (C.  S.  ch,  23,  §29,  as  amended  by  Laws  of  1887.) 

Distribution.— After  paving  debts,  etc.,  of  deceased,  the  residue  or  personal  prop- 
erty of  intestate  shall  be  distributed  in  the  same  proportions  to  the  same  persons  unit  101 
the  same  purposes  as  are  prescribed  for  descent  of  real  estate,  except  that  the  widow  ,  n 
any,  takes  equally  with  a  child.    (C.  S.  p.232,  §176.) 

Dower. — The  widow  of 
her  natural  life  of  one-thir 
estate  of  inheritance  at  any 
thereof.    (C.  S.  p.  212, 1 1.) 


76  MATTHEWBS    GUIDE. 

tempt  from  Judicial  -;ii<-  to  every  family,  whether  owned  by 
the  husband  or  wife  a  homestead,  aol  exceeding  In  value  two  thousand  dollars,  consisting 
of  dwelling-house  In  which  claimant  resides,  and  Its  appurtenances, and  land  on  which 
s  situated  not  exceeding  one  hundred  and  sixty  acres,  or  If  within  any  incorpo- 
■  contiguous  land  nol  exceeding  two  lots.    (t '.  B.,  p.  306.) 
btor  has  no  lands,  there  Is  exempt  from  execution  five  hundred  dollars 
sonal  property.    If  title  to  homestead  Is  In  wife  il  Is  exempt,  and  In  such  case  the 
..i  the  family  is  not  entitled  to  exemption  of  five  hundred  dollars  in  personalty. 
.    r  is  he,  If  his  title  Is  simply  a  contract  of  sal  D.)    The  clothing 

of  the  family,  family  supplies  for  six  months,  supplies  for  domestic  animals  for  three 
months,  furniture,  family  bible  and  picture-,  booxs,  cooking  utensils,  certain  don 
animals,  tools,  Implements  of  trade,  el  empt;  also  sixty  days'  wages  to  any 

laboring  man,  clerk,  etc,  who  Is  the  head  of  a  family;  provided  that  there  Is  no  exemp- 
tion from  attachment  or  execution  for  wages  due  t ■  >  any  clerk,  laborer,  or  mechanic,  or 

lor  money  due  and  owing  by  any  attorney  at  law  for  money  or  other  valuabli is 

at  ion  received  by  such  attorney  for  any  person  or  persons.     C.  8.,  p.  509,  \  521  :  p.  <ioo,  <>g 
Exempt  property  is  not  susceptible  ol  fraudulent  alienation.    All  pen-ion 
money  of  United  state-  soldiers  and  sailors,  and  property  purchased  and  Impi 

■..■nipt.     I  laws,  lss7.  p.  656.) 

\  iu'  w  homestead  law.  repealing  the  old  one,  was  passed  in  1879,  to  take  effect  Sep- 
tember 1,  is::',    in  a  ne. ii  in  exempt,  similar  to  the  Act  of  is;;.    (Laws  1879,  pp.  57-61,  gl. 

"The  phrase, '  head  ofa  family.'  as  used  in  this  chapter,  includes  within  its  mean 
l.  The  husband,  when  the  claimant  i-  a  married  person.  2.  Every  person  who  has  resid- 
ing on  the  premi-es  with  him  or  her.  ami  under  his  care  and  maintenance,  either:  1. 
Bis  or  her  minor  child,  or  the  minor  child  of  hi-  or  her  deceased  wife  or  husband  2.  \ 
minor  brother  or  sister,  or  the  minor  child  of  a  deceased  brother  or  sister.  8.  A  father, 
mo' her.  -rand  tat  her.  or  grandmother.  1.  The  tat  her  or  mother,  grandfather  or  ■-'rand- 
mother  of  a  deceased  husband  or  wife.  5.  An  unmarried  sister,  or  any  other  of  the  rel- 
atives mentioned  in  this  section  who  have  attained  the  age  of  majority  and  are  unable 
to  take  care  of  or  support  themselves."     C.  S.,  p.  297,  \  15. 

\  conveyance  or  Incumbrance  of  homestead  by  the  owner  i-  ol  no  validity  ui 

tin-  husband  and  wife,  if  the  owner  i-   married,  concur  in  and  sign   tin-  same  joint   In- 

Btrum  ...  .  ,  ...  ..    .. 

The  homestead  is  subject  to  execution  on  forced  sale  in  satisfaction  of  Judgment  ob- 
tained :    l.  «  m  debts  secured  by  mechanics',  laborers',  or  vendors1  Inns  upon  the  prem- 
j.  i  hi  debt-  secured  by  mortgage  upon  t  he  premises,  executed  and  acknowli 
■  ii  husb  nid  and  wife,  or  an  unmarried  claimant,     i  !.S.  p.  296, 

Homestead  descends  discharged  from  debts.    (CS.p  297,§17.) 

Marbied  Women.— The  property, real  or  personal,  owned  by  a  married  woman  at 
the  tine-  of  marriage,  tie-  rents,  issues,  profits,  and  proceeds  thereof,  and  any  property 
which  comes  to  her,  except  onlybygiftof  her  husband  remains  her  sole  and  separate 
property    i  to  the  disposal  of  her  husband,  nor  liable  for  his  debts.    - 

may  convey  her  real  estate  and  contract  with  reference  thereto,  m  the  same  manner 

and  with    like   effect    as  a    married    man,  and   may  sue  and   be   sued    as   If  uniiia 

ibor  or  carry  on  business  on  her  separate  account.    Her  earnings  are  hi 

:iv.    if  married  out  of  the  state,  -he  may  here  enjoy  all  rights  a-  to  property 
acquired.    Husband  i-  not  liable  for  debts  contracted  by  wile  before  mat 

1-7.  amended  by  haws  of  )->:.  p.  i;-. 

mi  icd  woman  i  -  not  liable  to  a  personal  judgmenl  on  her  Qote  or  other  contract 
-  -a i ue  was  mad.-  with  reference  to  her  separate  property.    (C.  S.  p.  843.) 

V  married  woman  may  dispose  Of  her  own  property  by  will,  and  may  alter  or  n 

tie-  same  in  like  manner  that  a  person  under  no  disability  may  do,  and  su tto 

restrictions,     i '.  8.  p.  226.) 
Mechanics'  Liens  —All  persons  performing  any  labor  or  furnishing  any  mat* 
or  machinery  for  erect  ing,  repairing,  or  removing  any  building  or  appurtenance  by  <  ir- 
tue  of  a  contract  with  the  owner  or  his  agent,  have  a  lien  to  secure  payment  for  the 
on  the  hui  Id  iir_'  or  appurtenance  and  lot  on  which  it  stands.     The  claimant   must  make 
an  account  In  writing,  under  oath,  and  within  four  months  from  the  time  of  doin 

trnishing  the  materials,  must  file  the  same  in  the  office  of  the  clerk  of  the 
county  where  the  worfc  was  done,  and  t  he  hen  continues  for  two  yens  from  date  of  first 

Mortgages.  -All  the  statements  under  title  of  Deeds  apply  equally  to  mortgagi 
\  wife  cannot  claim  dower  a-  against  a  lien  or  a  mortgage  for  pur 
mom  '     her.    (C.8.,  p. 212,  J 4-)    Every  deed,  though  abso 

my  other  instrument  In  writing  to  be  intended  asn  security  in  the  nature  ofa 
Is  considered  a  mortgage,  and  qo  advantage  can  be  derived  from  the  i 
thereof  by  the  person  for  whose  oeneflt  it  Is  made,  except  the  defeasance  or  explai 
Instrument  be  also  recorded    Mortgages  maj  be  discharged  by  the  mortgagee,  his  asslg- 

onal  representative,  byentryon  the  margin  of  the  r d,  signed  bj  such 

on  in  the  presence  of  and  attested  by  the  clerk  or  his  deputy ;  or  by  such  ent  rj 
and  Blgned  by  the  clerk,  on  representation  to  him  ofa  certificate  that  such  m 

/iied  by  the  mortgagee,  and  acknowledged  or  proved  as  in  case  ol  d<  eds. 

The  only  ion  closure  is  by  Bale  on  decree  of  court,    ii  •.  s.,  p.  626,  title  "  Foreclosure.") 

on   homestead  is  good  when  executed  by  husband  and  wife.    (C.  S.,  p.  296.) 

..  -  and  add   to  hi-  dehl.       I  '.  S  .  p,  626.) 

WTt.t.s    in  writing  -bail  beslgm  d  by  the  testator,  or  by  some  person  in  hi-  pre  - 
and  by  hi-  express  direct  ion.  and  attested  and  subscribed  in  hi-  presence  by  two  o 

e. ,  mo.  tint  wi,  ill 

Will-  shall  be  record)  d  in  the  office  of  tie  county  clerk  of  the  countj  where  land  lies. 
231. 

Married   women  can  make   wills  same  as  Other   per-oii-.      '  '.   B.t   I 


MATTHEWS  S    GUIDE 


NEVADA: 


77 


Nevado,  a  word  of  Spanish  origin  signifying  "  Wlifa  with  Snow  or 
"  Snow  Clad.'''  Also  called  the  "  Sage  Hex  State"  Composed  of  terri- 
tory included  in  the  grant,  in  1848,  to  the  United  States,  by  Mexico, 
under  the  treaty  of  Guadalupe  Hidalgo.  Originally  a  part  of  it  was 
included  in  Utah  ;  as  also  a  part  in  California  known  as  k'  the  Washoe 
country."  Organized  as  a  Territory  by  the  act  of  March  2,  1861. 
Territorial  limits  enlarged  by  act  of  July  14,  18G2.  Framed  a  con- 
stitution and  State  government  under  the  enabling  acts  of  March  21, 
1864,  and  May  21,  1864,  and  admitted  as  a  State  by  proclamation  of 
President  October  31,  1864. 

Area:  In  square  miles,  112,090;  in  acres,  71,787,600. 

Counties,  14. 

Carson  City  the  capital,  in  which  a  branch  mint  has  been  estab- 
lished: population  in  1880,  4,229.  Virginia  City  the  metropolis  and 
principal  commercial  center,  famous  for  its  silver  mines  :  population, 

10,917. 

Temperature  :  At  Winnemucca,  in  summer,  66°  to  73°  ;  in  winter, 
30°  to  38°.     Rainfall  light,  occurring  principally  in  the  spring. 

Climate  in  winter  mild  with  little  snow,  except  on  the  mountains, 
but  some  times  in  the  north  the  thermometer  falls  as  low  as  15°  below 
zero.  Weather  more  moderate  in  south  and  east,  where  frosts  are  rare. 
Air  invigorating  and  healthy. 

Surface  an  elevated  table  land,  with  an  average  altitude  of  4,500 
feet  above  the  sea,  broken  by  parallel  ranges  of  mountains  running 
north  and  south  and  attaining  a  height  from  1,000  to  8,000  feet. 

Mud  lakes  and  warm  springs  noticeable  among  its  natural  features. 
Mud  lakes,  some  of  them  covering  an  area  of  100  square  miles,  com- 
posed of  thick  alkaline  deposits  in  dry  season,  and  muddy  water  dur- 
ing rains.  Springs  contain  sulphur  or  other  mineral  ingredients,  and 
possess  medicinal  qualities:  temperature  varies  from  100°  F.  to  boil- 
ing heat. 

Population  in  1880  of  State.  62,666. 

Agricultural  Statistk  s  : 

No.  of  farms  in  1880,  1,404  :  total  land  in  farms,  -330,8(32  acres  ;  improved 
land  in  farms,  344,423  acres. 


Value  of  farms  in  1880,  $5,408,325.  nnnnn    ,      ,    , 

Farm    products— crop    of    188G:    Indian   corn:    Product,    22,000     bushels; 


pounds ;  value  per  bushel,  75  cents;  total  valuation,  $o4,000.  Oafs:  1  roduct, 
250,000  bushels  ;  area  in  crop,  7,858  acres ;  average  yield  per  acre,  31.8  bushels; 
value  per  bushel,  50 cents;  total  valuation,  $125,000.  Barley:  Product,  oOo.ilOO 
bushels  ;  area  in  crop,  24,497  acres ;  average  yield  per  acre,  20.4  bushels  :  value 
per  bushel,  08  cents  ;  total  valuation,  $340,000.  . 

Potatoes:  Product,  355,000  bushels ;  area  in  crop,  4,733  acres  ;  average  yi.-ld 
per  acre,  75  bushels  ;  value  per  bushel,  65  cents  ;  total  valuation,  $230,750. 

Hay:  Product,  160,650  tons ;  area  in  crop,  148,500  acres;  average  yield  per 
acre,  1.08  ton ;  value  per  ton,  $7.40 ;  total  valuation,  $1,188,810. 


7v  kaxthewb's  guide. 

Dotal  acreage  in  above  crop,  $192,013. 
rotal  valuation  of  crop,  $1,955,280. 

Wages  of  farm  labor  per  month  by  the  year:  without  board,  $oS;  with 
board  $27.    Day  wagee  in  harvest:  Without  board,  $1.80;  with  board,  $1.37. 
a  iges  of  ordinary  farmlabor:   Without  board,  $1.65;  with  board,  $1.25. 
a  animals  (January   L,  1888):  Horses:  Number,  45,547;  average  price, 
,.  valu.\  •  Mules:  Number, 2,154 ;  average  price, $75.49 ;  value, 

:    Number,    18,037;  average   price,  $35;   value,  $631,295. 
:   Number,  323,400;  average  price,  $18;  value,  $5,819,648. 
,21,087;  average  price, $5.30;  value,  $111,846. 
,.•  Numbi  :  average  price,  $1.91 ;  value,  $1,259,660. 

55,012  pounds.  - 

Dairy  products:  Milk,  149,889  gallons;  butter,  335,188  pounds;  cheese,  1  i  ,- 
4i"'  pounds. 

Manotactdbeb  (1SS4) : 

Number  of  establishments,  184;  capital,  $1,323,300;  average  number  of  hands 
employed,  577 ;  total  number  of  hands  employed,  577;  total  annual  wages  paid, 
value  of  materials,  $1,049,794. 

ducts:  Flouring  and  grist  mill, $405,089;  foundry  and  machine 
aho  >;  all  other  industries,  $1,453,582. 

Total  valuation  in  1880  of  products  of  manufactures,  $2,179,626. 

Mini:  Statistics  (1S80): 

p  ■...  ,  Metals:  Gold:  Product,  236,468  ounces;  value,  $4^88,242.  silver: 
Product, 9,614,561.3  ounces;  value, $12,430,667. 

Total  value  of  precious  metal  product,  $17318,9 

Value  of  average  product  of  gold  and  silver:  Per  capita:  gold,  $75.51;  sil- 
irer,$199.63;  total, $278.14.  Permile:  gold,$44.16;  silver,  112.29 ;  total, $156.45. 
734,730  pounds;  minor  minerals,  50  tons. 

Rich  in  copper  and  lead;  zinc,  platinum,  nickel,  and  tin  have  also 
been  discovered.  Borax  in  large  deposits  in  Esmeralda  and  Churchill 
counties. 

Ample  railroad  transportation. 

Presidential, Lgressional,  and  State  elections  Tuesday  after  first 

Monday  in  November;  biennial  sessions  of  legislature  in  odd  runn- 
el years,  meeting  first  Monday  in  January  ;  sessions  limited  to  60 
days;  senators,  20 — representatives,  40;  terms  of  senators.  4  years — 
of  representatives',  2  y<  are. 

Electoral  college,  3. 

Colleges,  1;  school  age,  &-18;  school  population,  10,483. 

Legal  interest  rate,  7  per  cent.;  by  contract,  any  rate. 

Static  Laws  is  Rblatioh  ro  Deeds,  Dowi  k,  Dbsi  i.m   \m»  Distrtbi  tiom  of  Prop- 

bbty,  Mabbied  Womsn,  Mechanics'  Liens,  Mortgages,  and  Wills. 

Df.ii,-- Every  conveyance  in  writing  affecting  real  estate  within  this  State  shall  be 

ftCj£1  or  proved,  and  certified  asfollowB:   The  proof  or  acknowledgment  shall 

tjl. ,,,  ,W8:  if  within  tins  State,  before  some  Judge  or  clerk  of  a  court  having  a 

ue  notary  public  or  Justi< '  the  peace     If  without  the  State,  but  within  the 

a  ludg ■  clerk  of  a  court  bavins  a  seal,  or  some  notary  public  or 

e  of  the  peace,  or  by  any  commissi ir  appointed  by  the  governor  of  this  state  for 

thai  purpose:  when  taken  before  a  Justice  of  the  peace,  it  shall  be  accompanied  by  the 
ficateol  the  clerk  of  a  court  of  record  ol  the  county  having  a  seal,  Bhowlng  tbuoffl- 
cial  character  of  the  Justice  and  the  genuineness  of  his  signature.  If  taken  without  the 
•  shall  be  before  some  |udgeor  clerk  ol  a  court  of  a  state,  kingdom,  or 
empire  having  a  seal,  or  a  notary  public  therein,  or  by  a  minister,  commissioner,  or  con- 
sul of  the  1  to  reside  therein.    A  scroll  answers  tor  a  seaL 

.  certificate  of  any  kind  Is  required  to  t  he  certificate  or  signature  of  a  notary  publlo 
iken. 


MATTHEWS'S    GUIDE.  79 

The  examinationof  the  wife,  where  it  is  necessary  that  she  Join  in  the  deed,  must  be 
taken  separate  and  apart  from  her  husband,  and  her  execution  of  the  deed  must  be  ac- 
knowledged, and  cannot  be  proved. 

The  husband  has  the  absolute  control,  with  full  power  of  disposition  of  the  community 
property.    The  like  power  exists  in  the  wife  as  to  her  separate  property. 

If  the  grantor  is  unknown  his  identity  must  be  proven  to  the  officer  by  the  oath  of  a 
credible  and  competent  witness. 

Witnesses  are  not  requ  ired  except  where  the  signature  of  the  contracting  party  is  mado 
by  "  mark."  where  one  witness  will  suffice. 

Trust  Deeds— Of  real  property  to  secure  the  payment  of  money  are  not  authorized 
by  statute.  There  is  no  redemption  from  a  sale  of  property  authorized  under  a  trust 
deed. 

Dower.— There  is  no  la  w  of  dower  nor  tenancy  by  curtesy  in  this  State. 

Descent  and  Distribution.— Subject  to  payment  of  debts,  and  when  not  otherwise 
limited  by  marriage  contract,  the  estate  of  an  intestate  descends,  and  is  distributed  as 
follows :  1st.  Surviving  husband  or  wife,  and  one  child,  or  issue  of  child,  equally.  2d. 
Surviving  husband  or  wife,  and  more  than  one  child,  or  one  child  and  issue  of  deceased 
child  or  children,  one-third  to  surviving  husband  or  wife  and  remainder  equally  to 
children  and  issue  of  deceased  children  by  right  of  representation.  3d.  If  intestate 
leaves  no  issue,  the  estate  shall  go  in  equal  shares  to  surviving  husband  or  wife  and  in- 
testate's father.  If  he  or  she  leaves  no  issue,  nor  husband  or  wife,  it  shall  go  to  his  or 
her  father.  4th.  If  there  be  no  issue,  nor  surviving  husband,  wife,  or  father,  the  estate 
shall  go  equally  to  surviving  brothers  and  sisters  (and  the  issue  of  deceased  brothers  or 
sisters  by  right  of  representation) ;  provided,  if  there  be  a  surviving  mother  she  shall 
share  equally  with  the  brothers  and  sisters.  5th.  If  intestate  leaves  no  issue,  nor  hus- 
band, nor  wife,  nor  father,  nor  brothers  or  sisters,  living  at  the  time  of  death,  whole  es- 
tate shall  go  to  surviving  mother  to  exclusion  of  issue  of  any  deceased  brother  or  sister. 
6th.  If  intestate  leaves  a  surviving  husband  or  wife  and  no  issue,  and  no  father,  mother* 
brother,  or  sister,  the  whole  estate  shall  go  to  surviving  husband  :or  wife.  7th.  If  intes- 
tate leaves  no  issue,  nor  husband  or  wife,  nor  father,  mother,  brother,  or  sister,  the 
•estate  shall  go  to  next  of  kin  in  equal  degree;  but  when  two  or  more  collateral  kindred 
in  equal  degree  claim  through  different  ancestors,  those  claiming  through  the  nearest 
ancestors  shall  be  preferred.  8th.  Where  a  person  dies  leaving  several  children,  or  one 
child  and  the  issue  of  one  or  more  children,  and  any  such  surviving  child  shall  die  under 
age  and  not  having  married,  all  the  estate  coming  to  such  subsequently  deceased  child 
by  inheritance  from  the  estate  shall  descend  equally  to  the  other  children  by  the  de- 
ceased parent,  and  the  issue  of  children  of  such  parent  by  right  of  represen  tit  ion,  equ  i  lly. 
9th.  If  at  the  death  of  such  subsequently  deceased  child,  dying  under  age  and  not  hav- 
ing been  married,  all  the  other  children  of  his  said  parent  shall  be  dead,  and  any  of 
them  shall  have  left  issue,  the  estate  that  came  to  such  child  by  inheritance  from  said 
oarent  shall  descend  to  all  the  issue  of  other  children  of  the  same  parent  equally  when 
in  the  same  degree,  otherwise  by  right  of  representation.  10th.  When  the  intestate 
leaves  neither  husband,  wife,  nor  kindred,  the  estate  escheats. 

Upon  the  death  of  the  wife  the  entire  community  property  belongs,  without  adminis- 
tration, to  the  surviving  husband,  except  when  the  deceased  wife  has  been  abandoned 
by  the  husband  without  cause,  in  which  case  one-half,  subject  to  debts,  is  subject  to  her 
testamentary  disposition,  and  in  absence  of  such  disposition  goes  to  her  descendants  by 
right  of  representation.  Upon  the  death  of  the  husband  one-half  of  the  community 
property  goes  to  the  surviving  wife,  and  the  other  half  is  subject  to  the  testamentary  dis- 
position of  the  husband,  and  in  the  absence  of  such  disposition  goes  to  his  surviving 
children  equally,  and  in  the  absence  of  both  of  such  disposition  and  surviving  children 
the  entire  community  property  belongs  without  administration  to  the  surviving  wife, 
■except  as  hereinafter  provided,  subject,  however,  to  all  debts  contracted  by  the  husband 
during  his  life,  that  were  not  barred  by  the  statute  of  limitation  at  the  time  of  his  death. 
The  homestead  set  apart  by  the  husband  and  wife  before  his  death,  and  such  other  prop- 
erty as  mav  be  exempt  by  law  from  execution  or  foreed  sale,  shall  be  set  apart  for  the 
use  of  the  widow  and  minor  heirs.  In  case  the  wife  shall  have  separated  from,  and  lived 
apart  from,  the  husband  without  such  cause  as  would  entitle  her  to  a  divorce,  she  shall 
not  be  entitled  to  receive  any  portion  of  the  community  property.  Upon  the  dissolution 
of  the  community  by  the  death  of  the  husband  the  entire  community  property  is  equally 
subject  to  his  debts,  the  familv  allowance,  and  the  charges  of  administration.  If  the  sur- 
viving wife  pays  all  indebtedness  legally  due  from  said  estate,  or  secures  the  payment 
of  the  same  to  the  satisfaction  of  the  creditors  of  the  said  estate,  then  in  such  case  the 
community  property  shall  not  be  subject  to  administration.  (Act  defining  the  rights  of 
husband  and  wife.  Laws,  1873,  p.  193,  as  amended  March  2, 1881.) 

Exemptions.— The  following  property  is  exempt  from  execution  except  upon  a  judg- 
ment for  the  purchase  monev  or  upon  a  mortgage  thereon :  chairs,  tables,  desks,  and 
books  to  the  value  of  one  hundred  dollars:  necessary  household  and  kitchen  furniture, 
wearing  apparel,  etc.,  and  provisions  and  firewood  actually  provided  sufficient  for  one 
month,  farming  utensils,  or  implements  of  husbandry,  and  seed  provided  for  planting 
within  the  ensuing  six  months,  not  exceeding  in  value  two  hundred  dollars;  two  horses, 
two  oxen,  or  two  mules,  and  two  cows,  and  food  for  one  month  for  such  animals,  and  one 
cart  or  wagon ;  the  tools  of  a  mechanic  necessary  to  his  trade;  the  instruments  and  li- 
braries of  a  surgeon,  physician,  surveyor,  or  dentist;  the  professional  library  of  an  at- 
torney and  counselor,  or  minister  of  the  gospel ;  the  dwelling  of  a  miner  not  exceeding 
in  value  five  hundred  dollars,  also  his  tools  and  appliances  necessary  to  carry  on  his 
mining  operations,  not  exceeding  in  value  five  hundred  dollars;  and  two  horses,  two 
oxen,  or  two  mules,  their  harness,  and  food  for  one  month  lor  such  animals,  when  they 
are  necessary  in  his  mining  operations;  two  oxen,  two  horses,  or  two  mules,  and  their 
harness  and  one  cart  or  wagon,  by  the  use  of  which  a  teamster  or  laborer  habitually 


SO  HATTHEWS'S    M'lDE. 

earn-;  his  living  ;  one  horse,  harness,  and  vehicle  of  o  physician  or  surgeon,  or  minlstei 

spel  and  rood  for  kucIi  animal  for  one  month.    For  every  livery  stable  u<  ( 

two  horses  or  mules,  with  vehicle  and  harness,  pro\  Ided  the  whole  shall  nol  exceed  In 

value  Ave  hundred  dollars;  one  sewing  machine  In  actual  use  in  the  debtor  -  Dually,  nol 

ling  in  value  one  hundred  and  fifty  dollars;  all  fire  engines  and  property  of  fire 

■  in.--  all  arm-,  etc,  required  by  Uiw  to  be  kept  by  any  person:  ail  public  property 

•unties,  towns,  etc.;  a  homestead  Uj  Deselected  by  the  husband  or  wife,  or 

other  head  <<(  a  family,  nol  exceeding  in  value  live  thousand  dollars. 

^  homestead  duly  recorded  cannot  be  alienated  except  by  the  consent  ol  both  hus- 
band and  wii<-  (when  that  relation  exists),  which  consent  must  he  in  \\  rltlng  ami  duly 
acknowledged  and  recorded     The  join)  deed  or  conveyance  has  same  effect 

M  \i:i:m  n  Women. — All  property  of  the  wife  owned  by  her  before  marriage,  and  thai 
acquired  afterward  by  gift,  Deques  t,  devise,  or  descent,  shall  be  her  separate  property. 
\ll  property  acquired  alter  marriage  by  either  husband  or  wife,  except  Buch  as  may  be 
acquired  by  gift.  de\  ise,  or  descent,  shall  be  common  property.  The  husband  has  abso 
lute  control  of  the  common  property  during  the  existence  of  the  marriage,  and  may 
dispose  "t'  it  us  his  own  separate  estate.  The  wife  may,  without  consent  ol  her  husband, 
convey  change,  incumber,  or  otherwise  In  any  manner  dispose  of  her  separate  property. 
I  woman  becomes  of  age  at  eighteen.  The  wife  muBt  support  the  husband  out  of  her 
separate  property  whenne  has  no  separate  property  and  they  have  no  community  prop- 
erty, and  he  from  Infirmity  Is  not  able  or  competent  to  support  himself. 

Dpon  the  death  of  the  husband,  the  entire  community  property,  after  paying  the 
debts,  Camily  allowance,  and  expenses  of  administration,  shall  go  to  the  surviving 

After  marriage  the  separate  property  of  the  wife  shall  continue  liable  for  her  debt* 
icted  before  marriage.    (Laws,  18(h  1865.)    A.  married  woman  may  make  contracts 
in  her  own  name,  buy  goods,  give  notes  In  settlement  of  purchases,  binding  her  own  sep- 
arate property,  real  and   personal,    she  may  transact  business  as  a/eme  sole,  after  she 
is  declared  a  sole  trader  by  order  of  the  court. 

Mechanics'  Liens.— Every  person  performing  labor  upon,  or  furnishing  materials 

of  the  value  of  live  dollars  t<>  he  used   in istructing,  altering,  or  repairing  any  build- 

ing,  railroad,  tramway,  toll-road,  canal,  water  ditch,  fence,  or  any  other  structure,  or 
who  performs  labor  on  any  mining  claim,  to  the  amount  of  Ave  dollars,  has  a  lien  ou 
tii^  >ame  for  his  work,  lahor,  or  materials,  if  done  at  the  Instance  of  the  owner  or  his 

agenl     The  land upled  bythe  building,  structure,  or  Improvement  is  subject  to  the 

[fen.  i  Iriginal  contractors  within  sixty  days,  and  all  other  persons  within  thirty  days, 
after  the  completion  of  the  building,  Improvement,  or  structure  or  alteration  of  the  same, 
must  file  in  the  record  office  for  the  county  where  the  land  Is,  a  statement  ofthede- 
mand,  the  owner's  name,  and  description  of  the  property,  suit  must  be  begun  within 
six  mom  lis  after  filing  the  claim. 

Mortgages.— A  mortgage  of  real  property,  whatever  its  terms,  shall  nol  be  deemed  a 

Conveyance  so  as  to  enable  the  owner  of  the  mortgage  to  recover  possession  of  the  real 

property,  without  a  foreclosure  and  sale    (Stat.  1869.)    But  one  form  of  act  Ion  for  the  re 

covcrv  of  any  debt  or  enforcement  of  any  rlghl  Becured  by  lien  <>r  mortgage  upon  prop 

real  or  personal,  which  Is  by  action  for  foreclosure.    Discharge  may  be  made  either 

upon  the  margin  of  the  record  of  the  mortgage  or  by  satisfaction  piece  duly  aoknowl- 

I  and  recorded.    Before  any  satisfaction  or  discharge  of  a  mortgage  can  be  made  the 

law  exacts  an  oath  by  the  mortgagee,  or  agenl  ol  the  mortgagee,  to  be  made  before 

tie-  recorder  having  custody  of  the  record  of  the  mortgage,  that  allstate  and  county  taxes 

-••d  and  levied  upon  the  moneys  or  debl  secured  by  the  mortgage  have  been  paid. 

Wi  tea. — Every  person  of  sound  mind,  over  eighteen  years  of  age,  may  dispose  of  his 
or  her  property  by  will,  subject  to  the  payment  of  debts. 

a  married  woman  may  dispose  of  her  separate  estate  absolutely,  without  consenl  ol 
husband,  by  will  executed  as  required  of  other  \\  ills;  and,  with  consenl  of  her  husband, 
Llsposeofher  Interest  in  common  property— consenl  of  husband  to  be  in  writing 
annexed  to  will. 

No  will  (except  nuncupative  wills)  shall  be  valid  unless  it  be  In  writing,  signed  and 
sealed  by  the  testator,  or  by  bis  direction, and  attested  by  two  witnesses  In  ins  presence. 

Anv  child  oi  a  testator  unpro^  Ided  for  In  his  will  shall  share  In  tl state  as  though 

no  wiil  had  heen  e\.-eiited.  unless  It  appear  from  the  will  thai  H mission  was  inten- 
tional.   Wills  are  required  to  he  recorded  In  the  court  in  which  they  are  admitted  to 


NEW   MEXICO: 

The  Aztecs  were  the  earliest  inhabitants  of  Mexico,  the  place  of 
i/-  Wi,  the  Aztec  god  of  war.  Colonized  in  1582  by  the  Spaniards, 
;m.i  ceded  in  18  18  to  the  United  States  by  Mexico  by  treaty  of  Guada- 
lupe   Hidalgo.      Organized  as  a  Territory  by  the  act  September  9, 

Area:  In  square  miles,  121,201 ;  in  acres,  77,568,640. 
<  lounties,  1  I 


MATTHEWS 's    GUIDE.  81 

Santa  Fe,  the  capital,  is  after  San  Agustine,  Fla.,  the  oldest  town  in 
the  United  States. 

Altitudes  from  a,000  to  8,000  feet. 

Temperature:  At  Santa  Fein  winter,  27°  to  37°  ;  in  summer,  G6°  to 
76°.     Rainfall  at  Fort  Marcy,  17  inches. 

Population  in  1887  estimated  at  175,000.  Cattle  industry  exten- 
sive and  important. 

Mountainous  portions  of  land  estimated  at  30,000,000  acres;  the 
river  valleys  at  8,000,000  acres ;  and  the  mesas  at  40,000,000.  Very 
large  proportion  of  land  (40,000,000  acres)  food  agricultural  land, 
averaging  in  production  well  with  lands  of  the  States  East  and  West. 
Valleys  and  hill  slopes  at  altitudes  of  from  3,000  and  8,000  feet.  Some 
millions  of  acres  in  vicinity  of  mining  camps  susceptible  of  successful 
cultivation  of  all  small  grains,  vegetables  and  the  hardier  fruits.  Corn 
ripens  at  almost  any  altitude.  Marked  progress  in  farm  industry,  but 
the  full  development  of  its  surprising  possibilities  dependent  on  estab- 
lishment of  an  extensive  system  of  irrigation.  Area  of  irrigated  lands 
annually  increasing.     Land  cheap. 

Climate  mild,  salubrious,  and  healthful;  unsurpassed  in  genial 
equability. 

Large  areas  of  land  in  1887  brought  for  the  first  time  under  culti- 
vation. Yield  good,  including  in  the  productions  figs,  almonds,  pome- 
granates, English  walnuts,  etc.;  all  varieties  of  products  common  to 
the  temperate  zone.  The  Black  Hamburg,  the  Muscat,  the  Musca- 
telle,  the  flaming  Tokay,  and  many  other  valuable  varieties  of  grapes, 
including  excellent  wine  and  raisin  grapes,  produced  in  astonishing 
size  and  profusion  and  of  rare  excellence. 

Manufacture  of  wine  and  raisins  and  the  preparation  of  canned 
fruit  destined  to  be  staple  and  profitable  industries. 

Agricultural  Statistics  : 

No.  of  farms  (1880),  5,053;  total  Land  in  farms,  631,131  acres;  improved 
land  in  farms,  237,392  acres. 

Total  value  in  1880  of  farms,  $5,514,399. 

Farm  products— crop  of  188(5:  Indian  cum:  Product,  973,000  bushels;  area 
in  crop,  48,025  acres  ;  average  yield  per  acre,  20  bushels ;  value  per  bushel,  70 
cents ;  total  valuation,  $681,100.  Wheat :  Product,  921,000  bushels ;  area  m 
crop,  80,566  acres;  average  yield  per  acre,  11.4  bushels;  weight  per  bushel,  oft 
pounds ;  value  per  bushel,  70  cents ;  total  valuation,  $644,700.  Oats :  Product, 
528,000  bushels ;  area  in  crop,  15,087  acres ;  average  yield  per  acre,  35  bushels  ; 
value  per  bushel,  48  cents;  total  valuation,  $253,440.  Barley:  Product,  63,000 
bushels ;  area  in  crop,  3,303  acres ;  average  yield  per  acre,  19.1  bushels ;  value 
per  bushel,  85  cents ;  total  valuation,  $53,550. 

Potatoes:  Product,  101,000  bushels;  area  in  crop,  1,050  acres:  average  yield 
per  acre,  96  bushels  ;  value  per  bushel,  $1.10  ;  total  valuation,  $111,100. 

Hay :  Product,  24,570  tons ;  area  in  crop,  27,300  acres ;  average  yield  per  acre, 
.90  ton  ;  value  per  ton,  $14.50;  total  valuation,  $356,256. 

Total  area  in  crop,  175,931  acres. 

Total  valuation  of  crop,  $2,100,155. 

Wages  of  farm  labor  per  month  by  the  year:  Without  board,  $28.75 ;  with 
board^ $18.25.  Day  wages  in  harvest:  Without  board,  $1.31;  with  board,  SI. 
Day  wages  of  ordinary  farm  labor:  Without  board,  $1.35 ;  with  board,  $1. 


^2  MATTHEWS'a    GUIDE. 

I  >airv  products  (1880) :  Milk,  10,036  gallons;  batter,  44,827   pounds;  ch- 
10,501  pounds. 

I'r.idu.-t  (1SSID.  mmi  pounds. 
Farm  animals,  January   I,   L888:    Hones:  Number,  40,583;  average  price, 
134.46;  value, $1,896,768.    Mules:  Number,  10,803 ;  average  price,  $61.33 ;  value, 
04.    Mtieh  cows:  Number,  19,394;  average  price,  $23.75 ;  value,  $460,608. 
cattle:   Number,  1,257,597;  average  price.  $15.04 ;  value,  $18,- 
911,121.    Hogs:  Number,  19,941;  avenge  price,  $5.64 ;  value,  $112,466. 
i>:    Number,  3,623,168 ;  average  price,  $1.09 ;  value,  $3,953,239. 
I  .  4,019,188  pounds. 

M  wi  i  a  ii  BBS  I  L880): 

Number  of  establishments,  144:  capital,  1463,275;  average  cumber  of  bands 
employed,  557 ;   waged  paid  during  year,  $218,731;  value  of  materials,  $871,- 

Value  of  product-:  Flouring  and  grist  mill,  $529,171 ;  all  other  industries, 

,675. 
Total  value  of  products  of  manufactures,  $1,284,846. 

Mis:  380): 

Gold:  Product, 2,387.5 ounces;  value, $49,354.  Silver:  Product, 303,45") ounces, 
value.  $392,387. 

Total  value  ofprecious  metals,  $441,691. 

Copper  ingots,  4,055  pounds. 

Railroad  mileage  in  operation,  traversing  12  of  its  14  counties,  1,130. 

Area  ot'  forests.  10,00(3  square  miles,  exclusively  of  pine,  and  con- 
fined to  the  mountainous  regions.  Lumber  product  equal  to  all  do- 
mestic demands. 

Mining  industry  valuable  and  active.  Average  output  of  gold  and 
silver  lor  L886,  $3,850,000,  in  the  proportion  of  one  to  live.  Every 
description  of  mineral  in  great  abundance  in  mountains — iron,  lead, 
zinc,  copper,  silver,  gold,  coal,  etc.  Estimated  coal  area,  4,00(1  square 
miles  of  10-foot  veins:  true  bituminous  coal. 

A ed  valuation  of  taxable  property,  $43,151,920. 

Territorial  and  congressional,  elections  Tuesday  alter  first  Monday 
in  November;  senators,  12 — representatives,  24;  sessions  of  legislature 
biennial  in  even  numbered  years,  meeting  first  Monday  in  January' 
limit  of  sessions  00  days;  terms  of  senators  and  representatives,  2 
years  each. 

Legal  interest  rate,  6  per  cent. ;  by  contract,  12  per  cent. 

tori  \i.  Laws  in  Relation  to  Deeds,  Dower,  Descent  and  Distribution  op 

>PEBTT,  Mai:i:II:i>  WOMEN,  MECHANICS'  I.IKNS,  MORTGAGES,  AND  Wll.l.s. 
i  ds.— All  conveyances  of  real  estate  Bhall  be  subscribed  by  the  person  transferring 
bis  title  or  Interest  in  said  real  estate,  or  by  bis  legal  agent  or  attorney.  Deeds  nu 
acknowledged  In  the  i>  rritory  before  any  judge,  Justice  of  the  peace,  notary  public  bav- 
ins a  seal,  or  clerk  of  a  court  having  a  BeaL  Out  oj  the  '/v  rrUoryl  but  in  th<  i  nib  d  BUiU  », 
bi  fore  a  commissioner  of  deeds  for  the  Territory,  appointed  by  the  governor,  before  any 
United  staler  court,  the  court  of  any  State  or  Territory  within  the  United  States  having 
a  seal,  or  the  clerk  or  judge  of  any  guch  court,  the  genuineness  ol  i  be  signature  and  offi- 
cial character  of  such  judge  to  be  certified  to  under  seal  of  bis  court  by  the  clerk  thereof, 
and  also  before  any  notary  public  having  an  official  seal,  or  before  the  clerk  ot  any  court 
hi  record  ha\  ing  a  seal. 

\  married  woman  may  convey  her  real  estate  by  a  conveyance  executed  by  herself 
and  her  husband, and  the  acknowledgment  made  by  her  must  show  thai  sin- was  per- 
sonally known  to  the  officer  taking  the  same,  or  her  identity  proven  by  at  least  two  reli- 
ables ind  that  she  was  Informed  of  the  contents  of  the  con\  eyance,  and  thai 
she  confessed  on  an  examination  independent  of,  separate  and  apart  from  her  husband, 
that  she  executed  such  conveyance  voluntarily  and  without  compulsion  or  the  tilled  In- 
fluence oi  her  husband. 


MATTHEWS'S    GUIDE.  83 

The  examination  of  the  wile  separate,  apart,  and  independent,  of  her  hwsb   nd,  is  nec- 
essary, but  she  need  only  join  with  her  husband  when  the  property  Is  her  own,  or  when 
she  has  an  interest  therein  in  her  own  right  independent  of  her  husband. 
Trust  DEED3.--See  Mortg&gea  aud  Trust  Deeds. 

Descents.— The  property  Of  intestates  descends  to  the  children  in  equal  proportions; 
if  there  be  no  descendants  one-half  the  estate  goes  to  the  lather  and  mother  of  the  intes- 
tate or  the  survivor  of  the  two  as  joint  tenants,  and  the  other  half  to  the  brothers  and 
sisters  and  their  descendants  as  tenants  in  common  ;  if  there  be  neither  fat  her  nor  mother 
the  brothers  and  sisters  take  the  inheritance  as  tenants  in  common,  and  if  there  be  no 
brothers  nor  sisters,  nor  their  descendants,  the  father  and  mother  take  as  joint  tenants. 
If  there  be  no  person  entitled  according  to  the  preceding  rules  the  inheritance  de- 
scends, as  follows:  First,  if  the  inheritance  came  by  gift,  devise,  or  descent  from  the 
paternal  line,  it  goes  to  the  paternal  grandparents  as  joint  tenants  and  to  the  survivor 
Of  them;  if  neither  be  living  it  goes  to  the  uncles  and  aunts  in  their  paternal  line  or  their 
descendants ;  if  no  such  relatives  be  living,  to  the  next  of  kin  in  equal  degree  of  consan- 
guinity among  the  paternal  kindred,  and  if  there  be  no  paternal  kindred  it  fj;oes  to  the 
maternal  kindred  in  the  same  order.  Second,  if  the  inheritance  came  from  the  maternal 
line  it  goes  to  the  maternal  kindred  in  the  same  order,  and  if  there  be  no  maternal  kin- 
red,  then  to  the  paternal  kindred  in  the  same  order.  Third,  if  the  estate  came  other- 
wise than  by  gift,  devise,  or  descent  it  is  divided  into  two  equal  parts,  one  of  which  shall 
go  to  the  paternal  and  the  other  to  the  maternal  kindred  in  the  order  above  described, 
and  on  the  failure  of  either  line  the  other  shall  take  the  whole. 

Kindred  of  the  half  blood  inherit  equally  with  those  of  the  whole  blood;  but  if  the 
estate  came  to  the  intestate  from  any  ancestor,  those  only  of  the  blood  of  such  ancestor 
shall  inherit.  An  estate  which  came  to  the  intestate  by  gift  or  conveyance  in  considera- 
tion of  love  or  affection  shall,  if  the  intestate  die  without  descendants,  revert  to  the  donor 
if  living,  saving  to  the  widower  or  widow  his  or  her  rights.  Illegitimate  children  inherit 
from  their  mother  as  if  legitimate,  and  inherit  from  the  father  in  the  absence  of  other 
heirs,  provided  the  father  acknowledged  such  children  as  his  own  during  his  lifetime. 
These  rules  of  descent  are  subject  to  the  provisions  made  in  behalf  of  the  surviving  hus- 
band or  wife  of  the  intestate. 

If  the  husband  die  testate  or  intestate,  leavinga  widow,  one-third  of  his  real  estate  de- 
scends to  her  in  fee  simple  free  from  all  demands  of  creditors;  but  where  the  real  estate 
exceeds  ten  thousand  dollars  the  widow  has  one-fourth  only  ir  any  case,  and  one-fifth  only 
as  against  creditors.  If  a  widow  marry  holding  real  estate  in  virtue  of  any  previous 
marriage,  and  there  be  children  by  such  previous  marriage  still  living,  she  cannot,  dur- 
ing the  subsequent  marriage,  alienate  such  real  estate,  and  if  she  die  during  such  mar- 
riage such  real  estate  goes  to  her  children  by  the  marriage  in  virtue  of  which  such  real 
estate  came  to  her. 

If  a  wife  die  testate  or  intestate,  leaving  a  widower,  one-third  of  her  real  estate  descends 
to  him,  subject  to  its  proportion  of  the  debts  of  the  wife  contracted  before  marriage. 
If  a  husband  die  intestate,  leaving  a  widow  and  one  child  only,  his  real  estate  shall  de- 
scend, one-half  to  his  widow  and  one-half  to  his  children.  If  an  intestate  leave  a  widow 
and  a  child,  or  children  not  exceedng  two,  the  personal  property  is  equally  divided  be- 
tween the  widow  and  children,  but  if  the  number  of  children  exceed  two,  the  widow's 
share  shall  not  be  reduced  below  one-third  of  the  whole.  Personal  property  of  the  wife 
held  by  her  at  the  time  of  her  marriage,  or  acquired  during  coverture  by  descent,  devise, 
or  gift,  remains  her  own  property  the  same  as  her  real  estate  so  remains,  and  is  subject 
to  distribution  in  the  same  manner  as  her  real  estate.  If  a  husband  or  wife  die  intestate, 
leaving  no  child,  but  leaving  a  father  or  mother,  or  either  of  them,  then  the  property 
descends,  three-lourths  to  the  widow  or  widower,  and  one-fourth  to  the  parents  jointly  or  to 
the  survivor  of  them ;  but  if  the  whole  amount  of  property  does  not  exceed  one  thousand 
dollars,  the  whole  goes  to  the  widow  or  widower.  If  there  are  neither  children  nor 
parents  of  intestate,  the  whole  of  the  property  goes  to  the  widow  orwidower.  A  surviving 
wife  is  entitled  to  one-third  of  all  real  estate  owned  by  her  husband  at  any  time  during 
the  marriage,  in  the  conveyance  of  which  she  may  not  have  joined;  and  she  and  her 
minor  children  are  allowed  to  occupy  the  ordinary  dwelling  house  of  the  family  and 
the  fields  adjacent,  not  exceeding  forty  acres,  free  of  rent  for  one  year.  In  all  actions 
by  or  against  a  married  woman,  her  husband  shall  be  joined  as  a  party. 

Dower— Is  abolished. 

Exemptions.— The  head  of  every  family  may  hold  the  following  property  exempt 
from  execution,  attachment,  or  sale:  The  wearing  apparel  of  such  person  or  family; 
the  beds,  bedsteads,  and  bedding  necessary  for  the  use  of  the  same;  one  cooking-stove 
and  pipe;  one  stove  and  pipe  used  for  warming  the  dwelling;  fuel  sufficient  for  sixty 
days;  one  cow,  or,  if  the  debtor  owns  no  cow,  household  furniture  not  exceeding  forty 
dollars  in  value;  two  swine  or  the  pork  therefrom,  or,  if  the  debtor  owns  no  swine,  house- 
hold furniture  not  exceeding  fifteen  dollars  in  value;  six  sheep,  the  wool  shorn  from 
them  and  the  cloth  or  other  articles  manufactured  therefrom,  or,  in  lieu  thereol,  house- 
hold furniture  not  exceeding  twenty  dollars  in  value ;  sufficient  food  for  such  animals 
lor  sixty  days;  bibles,  hymn-books,  psalm-books,  testaments, school  and  miscellaneous 
books  used 'in  the  family,  and  all  family  pictures;  provisions  provided  and  designed 
for  the  use  of  such  person  or  family,  not  exceeding  fifty  dollars  in  value,  and  other  ar- 
ticles of  household  and  kitchen  furniture,  or  either,  necessary  forsuch  person  or  family, 
not  exceeding  two  hundred  dollars  in  value;  one  sewing-machine,  one  knitting-machine, 
■one  gun  or  pistol,  and  the  tools  and  implements  of  the  debtor  necessary  for  carrying  on 
his  trade  or  business,  not  exceeding  one  hundred  and  fifty  dollars  in  value;  the  per- 
sonal earnings  of  the  debtor  and  the  personal  earnings  of  his  minor  child  or  children 
for  three  months,  when  necessary  to  the  support  of  such  debtoror  family:  all  articles, 
specimens  in  cabinets  of  natural  history  or  science,  except  such  as  may  be  intended  for 
exhibition  for  pecuniary  gain ;  if  engaged  in  agriculture,  l  wo  horses  or  one  yoke  ol  cat  tie 


MATTHEWS  8    GUIDE. 

Witi,  (|u.  i,.  aaring  tor  the  same,  and  one  wagon;  If  a  doctor,  one  horse,  one 

saddi--  nii.t  brldli  >nal  books,  medicines  and  Instruments,  Dot  exceeding  one 

hnndre  i  dollars  in  value;  if  a  lawyer,  oka  aot  exceeding  tlve  bui 

dollars  la  value.    Every  person  engaged  in  Hie  business  of  draying,  or  carrying  property 
fn.in  place  to  place  with  one  none  and  wagon,  shall  bold  one  horse,  harness,  dray,  or 
npt  from  execution.    Every  unmarried  woman  may  hold  exemptfrom 
earing  apparel  not  exceeding  in  value  one  hundred  and  fifty  dollars; 
-machine,  one  Knitting-machine;  n  engaged  in  teaching  music,  one-  piano  or 
organ;  a  bible,  hymn-book,  psalm-book,  album,  and  any  other  books  not  exceeding  in 
<         iniv  doiiar>.    Any  beneficiary  land,  not  exceeding  five  thousand  dollars,  set  apart 
:  h\  any  benevolent  association  to  the  tonally  of  a  deceased  member,  or  to  any 
member  of  such  family,  shall  not  be  liable  tor  the  debts  of  such  deceased  member.    The 
regal!  f  office,  lournals  of  proceedings,  account  books,  and  the  private  work 

belong!  n  •  to  any  benevolent  society,  Is  exempt  from  seizure  or  sale  to  satisfy  any  judg- 
ment against  Buch  society.  All  property  used  or  kepi  to  be  used  by  any  municipal  cor- 
poration or  fire  company  for  extinguishing  fire  -hall  be  exempt  from  execution  and  sale. 
Hu-band  and  wile,  widow  or  widower  hviug  with  an  unmarried  daughter,  or  unmarried 
minor  son,  may  hold  exempt  from  sale  or  Judgment  a  family  homestead  not  exceeding 
one  thousand  dollar.-  in  value.  Any  head  of  :i  family  not  the  owner  of  a  homestead  may 
hold  exempt  from  levy  and  sale  real  or  personal  property  not  exceeding  five  hundred 
dollars  in  value  in  addition  to  the  chattel  property  Otherwise  by  law  exempted. 

Married  Women— Are  permitted  to  acquire  and  hold  property,  and  their  contracts 
are  valid  and  enforceable  same  as  though  unmarried.  They,  however,  cannot  con\ ey 
real  est  ite,  except  the  husband  joins.  A  wife  is  entitled  to  half  the  property  acquired 
by  herself  and  husband  while  married. 

■fJBCHANICS'  Liens —Any  person  furnishing  labor  or  materials  for  the  erection  or  re- 
pair of  a  building,  has  a  lien  thereon  and  on  the  land  on  which  it  stands.  Original  eon- 
tractor  must  file  in  office  of  county  clerk  a  statement  of  account,  under  oath,  and  de- 
scription of  property,  within  ninety  days  after  completion  of  contract.  Sub-con  t  razors 
must  til.  similar  statement  within  sixty  day-  alter  work  done  or  material  furnisned. 
Suit  must  be  brought  within  one  year  from  time  Of  payment  falling  due. 

Mortgages  and  Trust  deeds.— There  Is  no  statutory  provision,  except  as  to  the 

execution  and  recording,  which  are  the  same  a-  stated  for  the  execution  and  record  ol 
deeds  of  conveyance. 

Wills.- Persons  of  either  sex  may  make  a  will,  except  the  following:  1st  Males  not 
having  c  «mpkte  l  fourteen  years,  and  females  not  having  completed  twelve,  2d.  Insane 
persons  or  persons  of  unsound  mind,  while  In  that  condition.  :;d.  A  prodigal  who  has 
been  prohibited  from  the  free  administration  of  his  property  by  a  court  of  competent 
Jurisdiction.    4th.  The  deaf  and  dumb  by  birth,  unless  they  c:'ii  write  it  themselves. 

Will-  may  be  either  written  or  verbal.  When  in  writing  they  shall  be  signed  by  the 
testator,  or  il'he  he  unable  to  write  he  may  request  some  reliable  person  to  sign  for  him  : 
and  the  will  shall  be  attested  by  three  or  more  able  and  qualified  witnesses,  who -hall 
haye  the  same  qualifications  as  witesses  before  a  court  of  law. 

Verbal  wills  must  be  attested  by  the  same  number  of  witnesses  required  for  the  writ- 
ten ones,  and  two  witnesses  must  testify  that  the  testator  was  at  the  time  of  making  bis 
will  in  posa  --ion  of  a  sound  mind  and  entire  judgment.  The  witnesses  must  all  be 
present,  see  and  hear  the  testator  speak,  and  each  and  every  one  ol  them  shall  under- 
stand clearly  and  distinctly  every  part  of  the  will. 


OREGON : 

Or  Oregan,  signifying  "  River  of  the  West;  "  but  according  to  others 
the  name  is  derived  from  the  Sp.  Oregano,  "  Wild  Majoram"  which  grows 
abundantly  on  the  Pacific  coast.  Columbia  river  discovered  in  May, 
1792,  by  Captain  Gray  of  Boston;  explored  in  l804-'6  by  Lewis  and 
Clarke;  settled  in  1811  at  Astoria;  whatever  Spanish  title  acquired 
by  treaty  in  1819,  and  its  northern  boundary  settled  in  1846  by  the 
treaty  of  limits  with  Great  Britain.  Organized  as  a  Territory  by 
the  act  of  August  14,  1848,  and  admitted  February  14,  1859,  as  a 
State. 

Area:  In  square  miles,  95,274 ;  in   acres,  60,975,360.     Ocean  coast 
line,  300  miles;  frontage  on  Columbia  river,  .'WO  miles.     Divided  into 
eastern  and  western  Oregon. 
cities,  29. 

Salem,  situated  on  the  Willamette  river,  is  the  capital ;  here  are 
located  all  State  institutions — the  State  house, the  insane  and  orphan 
asylums,  the  blind  and   deaf  and  dumb  schools,  and  the  State  peni- 


MATTHEWs's    GUIDE.  85 

tentiary  :  population,  over  8,000.  Portland  the  metropolis  :  popula- 
tion, 33,400.     Ports  of  entry :  Coos  Bay,  Portland  and  Astoria. 

Climate  mild  and  uniform  and  healthy.  Rainy  season  begins  about 
October  15  and  ends  May  1.  From  December  to  March  rains  gener- 
ally copious.  Occasional  showers,  fogs,  and  dew  during  dry  season. 
Snow  rarely  falls  along  the  coast  or  in  the  interior  valleys.  Severe 
gales  unknown.  No  blizzards  nor  cyclones  nor  tornadoes;  no  cold 
winters  nor  hot  summers ;  no  drouths  nor  floods  ;  no  failures  of 
crops;  no  alkali  nor  sandy  lands  ;  no  grasshoppers  nor  chintz  nor  po- 
tato bugs,  etc. 

Willamette  is  the  principal  valley  of  the  State,  and  constitutes  its 
wealthiest  portion.  Drained  by  the  Willamette  river,  navigable  for 
125  miles  from  its  mouth.  Average  width  of  valley,  exclusive  of 
mountain  slopes,  (50  miles ;  length,  130  miles ;  area  about  7,800  miles, 
or  4,992,000  acres.     All  its  other  valleys  also  very  fertile. 

Temperature:  At  East  Portland,  in  winter,  28°  to  60°  ;  in  summer, 
50°  to  97°.  Mean  annual  temperature,  52°.7.  Rainfall  at  Eola,  34.92 
inches;  at  East  Portland,  56.30  inches;  at  The  Dalles,  12.14  inches. 
Snowfall  at  Albany,  total  amount  melted  winter  1886-87,  29  inches. 

Population  in  1880  of  State,  174,768. 

Agricultural  Statistics  : 

No.  of  farms  (1880),  16,217  ;  total  land  in  farms,  4,214,712  acres;  improved 
land  in  farms,  2,198,645  acres. 

Total  value  of  farms,  $56,90S,575. 

Area  of  land,  in  1885,  under  cultivation,  1,243,904  acres. 

Average  price  of  improved  Land,  $10  to  $50  per  acre ;  unimproved  land,  $6  bo 
$20  per  acre. 

Farm  products— crop  of  1886:  Indian  corn:  Product,  178,000  bushels;  area 
in  crop,  6,673  acres ;  average  yield  per  acre,  26.7  bushels  ;  value  per  bushel, 
75  cents;  total  valuation,  $136,500.  Wheat:  Product,  11,133,000  bushels;  area 
in  crop,  884,640  acres ;  average  yield  per  acre,  12.6  bushels  ;  weight  per  bushel 
59.7  pounds;  value  per  bushel,  68  cents;  total  valuation,  $7,570,440.  Eye: 
Product,  22,000  bushels;  area  in  crop,  1,365  acres;  average  yield  per  acre,  16.1 
bushels;  value  per  bushel,  75  cents;  total  valuation  $16,500.  Oats:  Product, 
5,102,000  bushels;  area  in  crop,  199,199  acres ;  average  yield  per  acre,  25.6 
bushels;  value  per  bushel,  42  cents;  total  valuation,  $2,142,840.  Barley:  Pro- 
duct, 041,000  bushels;  area  in  crop,  34,845  acres;  average  yield  per  acre,  27 
1  >ushels ;  value  per  bushel,  52  cents ;  total  valuation,  $489,320.  Buckwheat :  Pro- 
duct, 9,000  bushels ;  area  in  crop,  673  acres ;  average  yield  per  acre,  13.4  bushels  ; 
value  per  bushel,  75  cents  ;  total  valuation,  $6,750. 

Potatoes:  Product,  1,037,000  bushels  ;  area  in  crop,  12,965  acres;  average  yield 
per  acre,  80  bushels ;  value  per  bushel,  62  cents  ;  total  valuation,  $642,940. 

Hay:  Product,  477,488  tons;  area  in  crop.  374,850  acres;  average  yield  per 
acre,  1.27  ton  ;  value  per  ton,  $8.75 ;  total  valuation,  $4,178,020. 

Wa<*es  of  farm  labor  per  month  bv  the  year:  Without  board,  $32.56 ;  with 
board';  $23.  Dav  wages  in  harvest:  Without  board.  $1.94;  with  board,  $1.45. 
Day  wages  of  ordinary  farm  labor :  Without  board,  $1.35 ;  with  board,  98  cents. 

Wheat  noted  for  superiority  of  its  flour,  often  reaching  65  pounds 
per  bushel. 

Dairy  products,  (State  census  of  1885):  Butter  and  cheese,  3,287,923  pounds. 

Orchard  products,  (1885) :  Apples,  2,005,373  bushels  ;  plums  and  prunes  150;- 

306  bushels.     Pears  produced  in  great  variety,  both  early  and  late.     Cherry 


M  \  [THEWS's    CUIDE. 

-  wow  to  be  tw.i  feel  in  diameter,  and  a  Bingle  tree  Bometimee  yields  1,000 
pound?  of  fruit 
Farm  animals,  January  1, 1888 :     Horses:    Number,  177,842 ;   average  price, 
i;  value,  $8,874,804.  Mules:  Number,  3,135;  average  price,  $68.38;  value, 
Number,  78,997;   average  price,  $29.69;    value  $2,338,- 
811.     Qjcen  and  other   cattle:   Number,  598,218;  average  price,  $20.35;    value, 
$12,172,122.     Hogs:  Number,  220,723 ;  average  price,  $3.01 ;  value,  $664,819 
Sheep:  Number  2,930,123 ;  average  price, $1.70;  value,  $4,987,069. 

Natural  minently  suitable  for  sheep  pasturage. 

Wool  clip  (State  census  of  1885),  9,451,701  pounds  of  fine  quality. 
Oregon  wool  quoted  in  Chicago  market  at  from  IS  to  26  cents  per 
pound. 

liAKUFAcnmKS  (1880): 

Number  of  establishments,  1,080;  capital,  $6,312,056;  average  number  of  hands 
employed,  3,473 ;  annual  wages  paid,  $1,667,046 ;  value  of  materials,  $6,954,436. 

Value  of  products  :  Flouring  and  grist  mill,  $3,475,531  ;  Bawed  lumber,  $2,030,- 
463;  woolen  goods,  $549,030 ;  saddlery  and  harness,  $385,350;  foundry  and 
machine  Bhop,  $352,300;  tin,  copper,  and  Bheet  ironware,  $311,650 ;  slaughter- 
ing and  meat  packing,  $264,712 ;  Bash,  door,  and  blinds,  $253,692 ;  all  othe:  in- 
dustries, $3,308,504. 

Ttotal  value  of  products  of  manufactures,  810,031,232. 

Extensive  and  valuable  forests  of  pines,  spruces,  and  firs.     Timber 
in  quality  very  fine.     Pines  often  150  to  175  feet  in  height;  spruces 
LOO  feet,  and  firs  200  feet.     Also  cedar,  oak,  yew,  ash,  maple,  cotton- 
wood,  myrtle,  laurel,  dogwood,  etc. 
Lumber  product  (1885),  169,135,726  feet. 

Fisheries:  Great  salmon  industry  growing  in  importance. 

Value  of  pack  in  ls.s7.  *2,.">0!),00r);  amount  disbursed  by  canners,  $1,700,000. 
Total  pack  of  Pacific  cast.  987,000  cases. 

Valuable  mineral  resources :  Gold  in  Bnker,  Clackamas,  <  loos,  Crook, 
Curry,  Douglas,  Grant,  Jackson,  Josephine,  Lane,  Linn,  Marion,  Tilla- 
mook, Umatilla,  Union,  and  Wallowa  counties. 

Coal  in  Benton,  Clackamas.  Clatsop,  Columbia,  Coos,  Douglas, 
Grant,  Jackson,  Tillamook,  Umatilla,  and  other  counties. 

Copper  in  Baker,  Clackamas,  Douglas,  Josephine,  I. inn,  and  Wal- 
lowa counties. 

Iron  throughout  State. 

Silver,  quicksilver,  platinum,  iridium,  brick   and  potters'  clays,  etc. 

Wheat,  flour,  Balmon,  and  lumber  the  principal  exports. 

School   StATKTH  9  I  1887)  : 

of  districts,  1,491  ;  average  numberdays  school  per  year.  100;  average 
monthly  salary  of  male  teacher,  $45.78;  average  monthly  salary  of  female 
teacher,  $34.79;  whole  amounl  paid  teachers  per  annum,  $413,515.36;  total 
value  of  Bchool  property,  $1,300,500.    Bel 1  age,  4-20  years. 

Normal  schooli,  4 ;  Institute  for  deaf  and  dumb,  I  :  school  for  blind,  l. 

Medical  college,  t. 

Private  academies,  16;  colleges, 8;  seminary,  1;  Bchools, 4;  university,  1 ; 
other  institutions,  5. 

Orphan  asylums  :  a-ylnm  for  treatment  of  the  insane. 

Gross  value  of  all  property,  $1 13,962,652. 


MATTHEWS'S    GUIDE.  87 

Railroads  intersect  State  in  all  directions,  furnishing  ample  trans- 
portation facilities. 

( J-overnor  and  State  officers  elected  quadrennially  ;  legislature  every 
2 years;  senators,  oO — representatives,  60 ;  sessions  of  legislature  bien- 
nial in  odd-numbered  years,  meeting  first  Monday  in  January  ;  limit 
of  session  40  days;  terms  of  senators,  4  years — of  representatives,  2 
years. 

Electoral  college,  3. 

Legal  interest  rate,  8  per  cent. ;  by  contract,  10  per  cent. ;  usury 
forfeits  principal  and  interest. 

State  Laws  in  Relation  to  Deeds,  Dower,  Descent  and  Distribution  of 
Property,  Married  Women,  Mechanics'  Liens,  Mortgages,  and  Wills. 

Deeds.— Deeds  or  other  instruments  creating  any  estate  in  lands,  must  be  signed 
and  sealed  and  to  be  entitled  to  record  must  be  attested  by  two  witnesses  and  acknowl- 
edged and  certified.  The  seal  maybe  made  by  a  scroll  of  the  pen,  or  wax,  wafer,  or 
paper  The  proof  or  acknowledgment  may  be  taken  before  any  judge  of  the  supreme 
court  county  judge,  justice  of  the  peace  or  notary  public  within  the  State,  or  it  taken  in 
any  other  State  or  Territory  before  any  judge  of  a  court  of  record,  justice  of  the  peace, 
notary  public  or  other  officer  there  authorized,  or  before  a  commissioner  of  deeds  ap- 
pointed by  the  Governor  of  this  State.  If  such  deed  be  executed  in  any  other  State  or 
Territory,  unless  acknowledged  before  such  commissioner,  such  deed  shall  have  attached 
thereto  a  certificate  of  the  clerk  or  other  proper  certifying  officer  ot  a  court  of  record  ot 
the  county  or  district  within  which  such  acknowledgment  was  taken,  under  the  sealot 
his  ofllce,  that  the  person  whose  name  is  subscribed  to  the  certificate  ol  acknowledgment 
was  at  the  date  thereof  such  officer  as  he  is  therein  represented  to  be,  and  that  he  be- 
lieves the  signature  of  such  person  subscribed  thereto  to  be  genuine ;  and  that  the  deed 
is  executed  and  acknowledged  according  to  the  law  of  such  State,  Territory  or  district. 

If  such  deed  be  executed  in  any  foreign  country,  it  may  be  executed  according  to  the 
laws  thereof  and  acknowledged  before  any  notary  public,  minister  plenipotentiary, 
minister  extraordinary,  minister  resident,  charge  d'affaires,  commissioner  or  consul  of 
the  United  States  appointed  to  reside  therein. 

Trust  Deeds.— No  law  in  this  State  relating  to  trust  deeds. 

Descent  and  Distribution  of  Property— Real  property  descends,  as  follows :  1st. 
In  equal  shares  to  his  children,  and  to  the  issue  of  any  deceased  child  by  right  of  repre- 
sentation: and  if  there  be  no  child  of  the  intestate  living  at  the  time  of  his  death,  such 
real  property  shall  descend  to  all  his  other  lineal  descendants;  and  if  all  such  descen- 
dants are  in  the  same  degree  of  kindred  to  the  intestate,  they  shall  take  such  leal  piop- 
ertv  equally ;  or  otherwise,  they  shall  take  according  to  the  right  of  represents  t  ion.  ^o. 
If  the  intestate  shall  leave  no  lineal  descendants,  such  real  property  shall  descend  to  his 
wife,  and  if  the  intestate  leaves  no  wife,  then  such  real  property  shall  descend  to 
his  lather.  3d.  If  the  intestate  shall  leave  no  lineal  descendants,  neither  wife  not  tat  her, 
such  real  property  shall  descend,  in  equal  shares,  to  his  brothers  and  sisters,  and  to  tne 
issue  of  any  deceased  brother  or  sister  by  right  of  representation  ;  but  if  the  intestate 
shall  leave  a  mother  also,  she  shall  take  an  equal  share  with  such  brothers  and  sisters. 
4th.  If  the  intestate  shall  leave  no  lineal  descendants,  neither  wife  nor  fatnei,  biothei  or 
sister  living  at  his  death,  such  real  property  shall  descend  to  his  mother  to  the  ex<  rasum 
of  the  issue  of  his  deceased  brothers  or  sisters  5th.  If  the  intestate  shal  leave  nolinea 
descendants,  neither  wife  nor  father,  mother,  brother,  or  sister,  such  real  property  shau 
descend  to  his  next  of  kin,  in  equal  degree,  excepting  tha  t,  when  there  : uct\  y >c n_ no  re 
collateral  kindred  in  equal  degree,  but  claiming  through  different  ancestors,  tl  lose  wl  o 
claim  through  the  nearest  ancestor  shall  be  preferred  to  those  claiming  thiough  a  more 

band  shall  be  entitled  to  receive  the  whole  of  the  personal  property,  "the  mt  s  .  u. 
leave  a  widow  and  issue,  such  widow  shall  be  entitled  to  receive  one-half  of .the Personal 
property  ;  but  if  the  intestate  leave  a  widow  and  no  issue,  such  widow  shall  be  entitled  to 
receive  .the  whole  of  the  personal  property.    (Rill's  Code,  g  3099.)  ,.   .       . 

DOWER.-A  widow  is  entitled  to  one-third  part,  during  her  nature  life  of all  lands 
whereof  her  husband  was  seized  of  an  estate  of  inheritance  at  any  time  during  co\er 

tU^^^l*S£Z%Twoveviy  shall  be  exempt  from  execution,  if  selected 
and  reserved  by  the  judgment  debtor  or  his  agent  at  the  tune  ot  the  levy,  ■  ^,n. 
thereafter  before  sale  thereof,  as  the  same  shall  be  known  to  him, .uflnot  othei wise. 
Books,  pictures,  and  musical  instruments  owned  by  any  person,  to .the nralue ^of  wra^ 
five  dollars  ;  necessary  wearing  apparel  owned  by  any  person  t<v th e\  •>>,!'  ^ 
dred  dollars,  and  if  such  person  be  a  householder,  for  each  mmbe  -of  his  Urn  1>  t  t  he 
value  of  fifty  dollars  ;  the  tools,  implements  apparatus,  tean  i vehic  le.li »noss oMiDrary 
necessary  to  enable  any  person  to  carry  on  the  trade,  occupation,  or profession  bywn^i 
such  person  habitually  earns  his  living,  to  the  value  of  four  hundred ^pilars,  also ^ 
cient  quantity  of  food  to  support  such  team,  if.  any  for  sixty  days.  The  word  team^ 
in  this  subdivision,  shall  not  be  construed  to  include  more  than  one  j  oke  ol  oxen,  or 
pair  of  horses  or  mules,  as  the  case  may  be. 


88  MAi  rHEws's   GUIDE. 

The  following  property.  If  own  <  d  by  a  honseholder  and  in  actual  use,  or  kept  for  use, 
by  and  tor  liis  family,  or  when  being  removed  from  <  roe  habitat  ion  to  another  on  a  change 
lenoe :  Ten  sheep,  with  one  j  i  art  fleece,  or  the  yarn  or  cloth  manufactured  there- 
from, two  cows,  and  Ave  swine;  household  goods,  furniture,  and  utensils,  to  the  value 

of  three  hundred  dollars;  also,  food  sufficient  to  BUpport  BUCD  animals,  if  any,  for  three 
months,  and  provisions  actually  provided  tor  family  use,  and  •  for  the  support 

of  such  householder  and  family  for  six  months;  the  seat  or  pew  occupied  by  a  house- 
holder, or  his  family.  In  a  place  of  public  worship;  all  property  of  the  State,  or  any 
county,  Incorporated  city,  town,  or  village  therein,  or  of  any  other  public  or  municipal 
corporation  or  Like  character. 

No  article  of  property,  or  if  the  same  has  been  sold  or  exchanged,  then  neither  the 
il  such  sale  or  the  article  received  in  exchange  therefor,  shall  be  exempt  from 
Lion,  issued  on  a  Judgment  recovered  for  its  price. 

Every  white  male  citizen  of  this  state  above  the  age  of  sixteen  years  shall  be  entitled 
to  have  and  keep,  tor  his  own  use  and  defense,  the  following  Ore  arms,  to  wit :  either  <>r 
any  <>ne  of  the  following  named  guns,  and  one  revovllng  pistol :  a  rifle,  shot  gun  (double 
or  single  barrel),  yager,  or  musket;  tin'  same  to  be  exempted  from  execution  in  all  cases, 
under  the  laws  of  Oregon.    (Hill's  Code,  j  817L) 

M  u'.uied  Woken.— The  property  ana  pecuniary  rights  of  every  married  woman  at 
the  time  of  her  marriage,  or  afterwards  acquired  by  Rift,  devise,  or  inheritance,  shall  not 
be  subject  to  the  debts  or  contracts  of  her  husband,  and  she  may  manage,  sell,  convey. 
or  devise  the  same  by  will  to  the  same  extent  and  In  the  same  manner  that  her  husband 
can  property  belonging  to  him. 

A  married  woman  is  alone  responsible  In  damages  for  injuries  committed  by  her,  ex- 
cept in  case  where  her  husband  would  be  responsible  with  her  provided  marriage  did 
not  exist. 

A  conveyance,  transfer,  or  lien  executed  by  either  husband  or  wife  to  or  in  favor  of 
(he  Other  shall  be  valid  to  the  same  extent  as  between  other  persons. 

A.  wife  may  receive  the  wages  of  her  labor  and  bring  action  therefor  in  her  own 
name,  and  she  may  prosecute  and  defend  all  actions  at  law  or  in  equity  for  the  preserva- 
tion and  protection  of  her  rights  and  property.  Neither  husband  nor  wife  is  liable  for 
the  debts  or  liabilities  of  the  other  incurred  before  marriage.  They  arc  not  liable  for  the 
separate  debts  of  eacb  other.  Contracts  may  be  made  by  a  wife  and  the  same  enforced 
by  or  against  her  in  the  same  manner  as  if  she  were  unmarried,  pnd  she  may  transact 
business  as  a  feme  sole. 

MECHANICS'  Liens.— Any  person  who,  by  virtue  of  a  contract  with  the  owner  or  his 
-,  performs  any  labor,  or  furnishes  any  materials,  engines,  or  machinery  for  thecon- 
struction  or  repair  of  any  building  or  structure,  has  a  lien  on  the  building  and  lot  on 
whicb  it  stands  for  his  pay.  An  original  contractor  must  file  in  the  office  of  the  county 
clerk,  within  sixty  days  after  t  he  completion  of  the  building  or  repairs,  a  notice  of  his 
intention  to  claim  a  lien  specifying  the  amount  due,  and  the  property,  A  laborer  or  sub- 
contractor  must  tile  notice  within  thirty  days.  The  lien  will  not  be  binding  for  more 
than  >ix  months  after  such  tiling,  unless  suit  is  brought.  Mechanics'  and  art  isans  have 
a  lien  on  personal  property  made  or  repaired  by  them,  and  if  their  charges  are  not  paid 
in  three  months, they  may  sell  the  property. 

MOBTGAGES.— Mortgages  are  executed  in  the  same  manner  as  deeds.  An  absolute 
eon-,  eyance,  if  intended  as  security,  will  be  considered  a  mortgage. 

An  may  be  dlschargeu  by  an  entry  in  the  margin  of  the  record  thereof. 

1  by  the  mortgagee,  or  his  personal  represent  ttlve  or  assignee,  acknowledging  the 

■  't  ion  of  the  mortgage,  in  the  presence  of  the  county  clerk,  or  his  deputy,  who 

shall  subscribe  the  same  as  a  witness;  and  such  entry  shall  have  the  same  effect  as  a 

i      i  of  release  duly  acknowledged  and  recorded,    (Hill's  Code,  2  8031.) 

Wilis. — Every  pi  rs  in  of  twenty-one  years  of  age  and  upwards,  of  sound  mind,  may, 

twill,  devise  all  his  e  I  ite,  real  and  personal,  savins  to  the  widow  her  dower. 

•  ii  over  I  he  age  Of  eighteen  year-,  of  sound  mind,  may,  by  last  will,  dispose 

of  his  goods  and  chattels.    A  married  woman  may,  by  will,  dispose  of  any  real  estate 

hel  I  In  her  own  right,  subject  to  any  rights  which  her  husband  may  have'  as  tenant  by  the 

Every  will  shall  bo  In  writing  signed  by  the  testator,  or  by  some  other  person  under 
his  direction,  In  in  -  present  e,  and  ha  II  bi i at  I  ted  by  two  or  more  competent  witnesses, 
subscribing  their  names  to  the  will,  in  the  presence  •  >f  the  testator. 


UTAH 


A  name  derived  from  that  of  the  Qte  or  Utah  tribe  of  Indians,  and 
signifies  "Dweller*  in  the  Mountains."  Called  also  "  Deseret"  and  "the 
Switzerland  of  America."  Capt.  Bonneville,  as  early  as  1825,  and 
Lieut.  John  C.  Fremont  l842-'43,  while  yet  the  sovereignty  was  in 
:o,  penetrated  as  far  as  Salt  lake.  Settled  by  the  Mormons,  in 
under  Brigham  Young.  Ceded  to  the  United  States  by  Mexico 
in  1848  by  the  treaty  of  Guadalupe  Hidalgo,  and  organized  as  a  Ter- 
ritory by  the  ad  of  September  9,  1S50. 


MATTHEWS'S    GUIDE.  89 

Area :  In  square  miles,  84,470 ;  in  acres,  54,064,640.  Intersected 
from  north  to  south  by  the  Wasatch  mountains.  Maximum  length, 
825  miles ;  breadth  300  miles.  Altitude  of  valleys  from  4,000  to  6,000 
feet  above  the  sea — of  mountains  from  6,000  to  13,000  feet.  Lands 
rich  in  phosphates  and  very  productive. 

Counties,  24. 

Temperature  :  At  Salt  Lake  city,  in  winter,  29°  to  40° ;  in  summer, 
69°  to  77°.     Rainfall,  24  inches. 

Estimated  population  in  1888,  211,555.  Chiefly  British  and  Scan- 
dinavian. 

With  every  variety  of  climate  it  is  generally  salubrious  and  agree- 
able, not  given  to  extremes,  and  is  healthy. 

Salt  Lake  basin  200  miles  in  length  by  40  or  50  in  width  dotted 
with  settlements.  Altitude  4,500  feet  above  the  sea.  Climate  healthy 
and  agreeable.  Scenery  fine:  Warm  thermal  soda  and  sulphur 
springs  easily  reached  by  rail  or  carriage ;  an  attractive  resort  for  tour- 
ists seeking  health  or  pleasure.  Many  semi-tropical  plants  grow  well 
in  this  basin  and  in  some  of  the  valleys. 

Great  Salt  lake,  a  briny  inland  sea,  covers  an  area  of  from  3,000  to 
4,000  square  miles  ;  22  per  cent.  salt. 

Salt  Lake  city  the  capital  and  most  important  city  :  population  in 
1880,30,768.  Ogdencity:  population,  11,315.  Pro vo  city  :  popu- 
lation, 3,482. 

San  Pete  and  Cache  valleys  fine  grain  growing  sections. 

Valleys  for  the  farmer,  the  gardener,  and  fruit  grower ;  foot  hill 
slopes  and  river  terraces  for  the  stock  and  sheep  raiser,  and  moun- 
tains for  the  miner. 

Agricultural  Statistics  : 

No.  of  farms  (18S0),  9,452;  total  land  in  far^s>  655,524  acres  ;  improved  land 
in  farms,  416,105  acres.  O 

Total  value  of  farms,  $14,015,178.  Ci 

Farm  products — crop  of  1886:  Indian  corn:  Proajlct,  267,000  bushels;  area 
in  crop,  13,330  acres  ;  average  yield  per  acre,  20  busfifie  ;  value  per  bushel,  00 
cents;  total  valuation,  $160,200.  Wheat:  Product,  1, Ml ,000  bushels;  area  in 
crop,  101,704  acres ;  average  yield  per  acre,  15.2  bushels ;  weight  per  bushel,  59.5 
pounds;  value  per  bushei,  62  cents  ;  total  valuation,  $955,420.  Rye:  Product, 
32,000  bushels  ;  area  in  crop,  2,264  acres ;  average  yield  per  acre,  14.1  bushels ; 
value  per  bushel,  55  cents;  total  valuation,  $17,600.  Oats:  Product,  858,000 
bushels;  area  in  crop,  28,794  acres;  average  yield  per  acre, 29.8  bushels;  value 
per  bushel,  40  cents ;  total  valuation,  $343,200.  Barley :  Product,  470,000  bush- 
els; area  in  crop,  20,417  acres;  average  yield  per  acre,  23  bushels;  value  per 
bushel,  49  cents  ;  total  valuation,  $230,300. 

Potatoes:  Product,  978,000  bushels;  area  in  crop,  11,509  acres;  average  yield 
per  acre,  85  bushels ;  value  per  bushel,  36  cents ;  total  valuation,  $352,080. 

Hay:  Product,  159,120  tons;  area  in  crop,  124,848  acres;  average  yield  per 
acres,  1.27  ton ;  value  per  ton  $7 ;  total  valuation,  $1,113,840. 

Total  area  in  crop,  302,866  acres. 

Total  valuation  of  crop,  $3,172,640. 

Wages  of  farm  labor  per  month  by  the  year:  Without  board,  $33.50;  with 
board, $22.30.  Day  wages  in  harvest:  Without  board,$1.72;  with  board,  $1.30. 
Day  wages  of  ordinary  farm  labor:  Without  board,  $1.42;  with  board,  $1.10. 


g  i  MATTHEWS  S    GUIDE. 

d  and  hay  crops  of  1887  valued  at  $6,419,000.    Wheat  crop  estimated  at 
000  bushels.    Barley  at  600,000  bushels.    Garden  products  at  $1,550,000. 
Orchards   prolific  and   fruits  of  high  caste— peaches,  apricots,  pears,  apples, 
plum-,  ana  other  fruits.    Dried  fruits  excellent  in  quality,  of  wide  reputation 
and  command  fancy  prices  throughout  the  United  States. 
Honey  of  the  richest  flavor,  l'Oo.ooo  pounds,  valued  at  (16,000. 
Farm"  animal-.  January   l.  1888:  aoraea:  Number,   120,692;  average  price, 
$4065;  value, $4,906,026.    Mules:  Number,3,686;  average  price,  $54.71;  value, 
■  Number,  42,878;  average  price,  $25.25 ;  value,  $1,259,420. 
titer  cattle:  Number,  485,000 ;  avnrage  price,  $16.76 ;  value,  $7,292,738. 
Number, 40,118;  average  price, f7.15;  value,  $286,486. 
Sheep:  Number,  1,335,000;  average  price,$1.94;  value, $2,594,172. 
Estimated  wool  clip  of  isss,  10,000,000  pounds,  at  an  average  price  of  18  cents. 

Cattle  horses,  and  sheep  estimated  at  M,000,000  herded  in  1887. 
Value  per  head  increased.  Aggregate  value  estimated  at  $28,000,000. 
Swine  100,000.  estimated  at  $500,000.     Grasses  rich  and  abundant. 

Wool  clip,  it.000,000  pounds,   valued  at  $1,710,000.     Bides,  pelts,  furs,  etc. 
value.  1  at  $135,000 
Shipments  of  poultry  valued  at  $20,000. 

Mineral  resources  a  wonderful  laboratory  on  a  gigantic  scale.  The 
precious  metals,  copper,  lead,  ashphalt,  nitre,  lire  clay.  salt,  coal,  etc., 
in  the  greatest  abundance. 

Gold  and  Bilverand  other  metal  products  in  1887  valued  at  $10,604,631.  Coal 
output  in  1886,  822,878 tons. 

Total  output  of  mines  from  1871  to  1887,  both  inclusive:  Gold:  Product,  1 18,- 
816  ounces;  price  per  ounce.  $20.67 ;  value,  $3,065,692.72.  Silver:  Product,  65,- 
226  753  fine  ounces;  value.  $73,201,966.51.  Lead:  Product,  689,630,705  pounds; 
value,  $33,799,599.17.     Copper:  Product,  10,044,995  pounds;  value,  $3,00:3,889.21. 

Total  valuation  of  output,  $113,071,147.61. 

Total  of  mine  dividends  paid  in  1887,  $1,257,500. 

Manufaotukbs  ( 1880) : 

No.  of  establishments,  040;  capital,  $2,656,657 ,  average  number  hands  em- 
ployed. 2,495  ;  annual  wages  paid,  $858,863  ;  value  of  material-.  $2,561,737. 

Value  of  products:  Flouring  and  grist  mill,  $1,364,619 ;  sawed  lumber,  $375,- 
164;  woolen  goods,  $279,424.    All  other  industries,  $2,305,785. 

Total  value  in  1880 of  products  of  manufactures,  $4^324,992. 

Manufacturing  industries  steadily  increasing. 

Manufactured  products  in  1887  equaled  in  value  8^,726,500,  com* 
prising  those  of  wood  and  metal  workers,  soap  factory,  foundries  and 
boiler  works,  breweries,  tanneries,  clothing,  flouring  and  paper  mills, 
silk  and  woolen  manufactures,  hoots  and  shoes,  etc. 

Capital  invested,  $4,468,350 ;  persons  employed,  3,573. 
Value  of  lumher  product,  $500,000. 

Commercial  traffic  val 1  al  $120,000,000. 

Salt  annually  Bold,  30,000  tons,  at  an  average  price  of  $8  for  coarse  crude,  and 
■■  refined  table  ;  employe  150  men,  and  produces  a  net  revenue  per  annum 
- 150,000. 
Railroad  mileage,  I  ,i  W. 

Railroad  traffic,  both  passenger  and  freight,  in  1888,  shows  an  in- 
crease over  the  previous  year  of  at  least  25  per  cent. 

Public  school  system  established. 


MATTHEWS'S    GUIDE.  91 

Annual  territorial  elections  first  Monday  in  August ;  congressional 
elections  Tuesday  after  first  Monday  in  November ;  senators,  1 2 — rep- 
resentatives, 24;  biennial  sessions  of  legislature  in  odd-numbered 
years,  meeting  second  Monday  in  January;  limit  of  session,  60  days; 
terms  of  senators  and  representatives,  2  years. 

Legal  rate  of  interest,  10  per  cent. ;  by  contract,  any  rate. 

Territorial  Laws  in  relation  to  Deeds,  Dower,  Descent  and  Distribution  of 
Property,  Married  Women,  Mechanics'  Liens,  Mortgages,  and  Wills. 

Deeds— Must  be  attested  by  one  credible  witness  and  acknowledged  or  proved  to  en- 
title the  same  to  be  recorded.  To  operate  as  notice  to  third  persons,  a  deed  must  be 
recorded  in  the  recorder's  office  of  the  proper  county ;  but  it  is  binding  between  the  par- 
ties, and  as  to  those  who  have  actual  notice,  without  record.  An  unrecorded  deed  is 
void  as  against  a  subsequent  purchaser  in  good  faith  and  for  a  valuable  consideration, 
when  such  subsequent  purchaser  shall  first  have  his  deed  duly  recorded. 

A  deed  purporting  to  convey  an  absolute  or  fee  simple  estate  conveys  all  subsequently 
acquired  interests  of  the  grantor.  Possession  is  not  requisite  to  a  conveyance  of  claim 
of  title  to  real  estate.  The  acknowledgment  or  proof  must  be  taken,  if  within  the  Terri- 
tory, before  a  judge  or  clerk  of  a  court  having  a  seal,  or  a  notary  or  county  recorder,  or 
justice  of  the  peace  of  the  county  where  the  real  estate  is  situated.  Without  the  Terri- 
tory and  within  the  United  States,  by  a  judge  or  clerk  of  a  United  States  court,  or  by  a 
judge  or  clerk  of  a  court  of  record  of  a  State  or  Territory,  or  by  a  notary,  or  by  a  commis- 
sioner of  deeds  for  this  Territory.  Without  the  United  States,  by  a  judge  or  clerk  of  a 
court  having  a  seal,  or  a  notary,  or  a  minister,  commissioner,  or  consul  of  the  United 
States  appointed  to  reside  in  the  country  where  the  deed  is  executed. 

Trust  Deeds— Are  in  common  use. 

Distribution  and  Descent.— After  the  payment  of  the  expenses  of  the  last  sickness 
and  funeral,  allowance  for  the  support  of  widow  and  minor  children,  and  payment  of 
debts  due  from  the  estate,  the  personal  estate  shall  be  distributed  in  kind,  if  practicable,. 
in  the  same  manner  as  real  estate.  The  property,  both  real  and  personal,  of  one  who 
dies  intestate,  passes  to  his  heirs,  subject  to  the  control  of  the  probate  court,  and  to  the 
possession  of  any  administrator  appointed  by  that  court. 

If  the  decedent  was  the  head  of  a  family,  the  property,  real  and  personal,  exempt 
from  execution,  passes  to  the  surviving  family  in  equal  shares,  and  is  not  subject  to  the 
payment  of  the  debts  of  the  decedent,  nor  to  any  bequest,  nor  to  the  payment  of  any 
legacy  •  and  if  the  appraisement  shows  the  estate  to  be  not  over  fifteen  hundred  dollars 
in^valu'e,  it  shall  all  be  assigned  to  the  tamily,  and  no  further  administration  allowed. 

If  the  decedent  leaves  sfhusband  or  a  wife  and  only  one  child,  or  the  issue  of  only 
one  child,  the  estate,  except  as  provided  above,  passses,  one-third  to  the  surviving  hus- 
band or  wife  for  life,  the  remainder  and  the  other  two-thirds  to  such  child,  or  the  issue 
of  such  child,  by  right  of  representation.  If  there  are  more  than  one  child  living,  or  one 
child  and  the  issue  of  a  deceased  child  or  children,  the  estate  goes,  one-fourth  to  the  sur- 
viving husband  or  wife  for  life,  and  the  remainder  and  the  other  three-fourths  to  the 
surviving  children  and  the  issue  of  any  deceased  child,  by  right  of  representation.  If  there 
is  no  child  of  the  decedent,  but  there  is  issue  of  a  deceased  child  or  children,  the  re- 
mainder goes  to  all  the  lineal  descendants  of  the  decedent;  and  if  they  are  in  the 
same  degree  of  kindred  to  the  decedent  they  share  equally,  otherwise  they  take  by  right 
of  representation.  .  .,»-*». 

If  the  decedent  leaves  a  husband  or  wife  and  no  issue,  one-half  of  the  estate  goes  to 
his  father  and  mother  in  equal  shares,  and  if  either  be  dead,  all  of  said  estate  goes  to  the 
other  and  the  other  half  to  the  surviving  husband  or  wife.  Next  in  succession  come 
the  brothers  and  sisters  of  the  decedent.  However,  if  the  decedent  leaves  no  issue,  nor 
husband  or  wife,  the  estate  goes  to  the  father  and  mother. 

If  the  decedent  leaves  a  husband  or  wife,  and  no  issue,  and  no  father  or  mother  or 
brother  or  sister,  the  estate  goes  to  the  surviving  husband  or  wife. 

Every  Illegitimate  child  is  an  heir  to  its  mother.  It  is  also  heir  to  its  father  when  ac- 
knowledged by  him,  if  born  before  the  9th  day  of  February,  1888,  but  not  afterwards. 

Allot  the  property  is  liable  to  pay  debts. 

Dower— Was  abolished  by  statute,  but  has  been  restored  by  the  Edmunds-Tucker  act. 

Exemption's.— Except  on  a  judgment  for  the  purchase  price,  or  upon  a  judgment  or 
foreclosuc  of  a  mortgage  or  a  mechanic's  or  laborer's  lien  thereon,  the  following  prop- 
lst.  Chairs,  tables,  desks,  and  books,  of  the  value  of  two  hundred  dollu~- 

.  i v.«i.i  «■.... «i  +  .,,.r>   otn     ^>f  t.ho  vnlnpnf  t.hn>e  hundred  dollars,  lviim 

ith 
,of 

thTvMu^of  three"  hundred  'dollars;  two  oxen,  horses  ormules,  and  harness,  and  food  for 
animals  for  sixty  days;  a  cart  or  wagon;  seed,  grain,  or  vegetables,  not  exceeding  in 
value  two  hundred  dollars.  4th.  Tools  and  implements  of  a  mechanic  or  artisan,  not 
exceeding  in  value  five  hundred  dollars;  the  seal  and  records  of  a  notary  public:  the 
instruments  and  chests  of  a  surgeon,  physician,  surveyor,  and  dentist,  with  their  libra- 
ries and  the  law  libraries  and  the  office  furniture  of  attorneys  and  judges,  and  libraries 
of  ministers.  5th.  The  cabin  of  a  miner,  not  exceeding  five  hundred  dollars  in  value; 
alsohistools  and  appliances,  notexceedingin  value  two  hundred  dolars  6th.  1  wooxen, 
or  horses  or  mules  and  harness,  and  cart  or  wagon,  or  dray  or  truck,  by  winch  a  cart^ 
man  drayman    huckster,  teamster,  or  other  laborer  habitually  earns  his  living;  and 


MATTHEWS S    GLIDE. 

one  horse,  harness,  and  vehicle  of  a  phvsieian.  sursreon,  or  minister,  with  feed  for  the 
.rec  months,     7th.  One-half  the  oal  services  in 

-   if  necessarv  for  his  family  i  this  Territory 

jn  p^  s,  or  immunil  :\g  in 

anv  i  -    ranee  on  the  d  -  when  the  annual  pr 

notes  a-  uniforms,  and  ace 

ments  required  bv  law  to  be  kept.    10th.  Court-hous  iblicediti 

chur-  is,  school  houses,  cemeteries,  and  p 

a  faxnilv,  the  homestead,  t         -  I  by  the  d'  oethousan 

lars  In  value,  and  the  further  sum  of  live  hundred  dollars  to  his  wife,  and  two  hundred 
and  ilftv  dollan-  for  each  other  member  of  his  family. 

Married  Women.— All  property  owned  by  either  spouse  betorema:  I  that 

acquired  afterwards  bv  gift,  bequest,  devise,  descent,  or  purchase,  is  t.  prop- 

ertyoft  And  either  spouse  may  sue  or  be  sued  at  law. 

1  woman  may  carry  on  business  with  or  r  r  separate  property, 

and  her  promissory  note  "or  other  form  of  contract  made  in  relation  to  such  business  is 
binding  ou  her.  .  ,     ,  -_.. 

M ;  .  E2fS.— Any  person,  who  by  virtue  of  a  contract  with  the  owner,  furnishes 

labor  or  materials  in  the  construction  or  improvement  of  any  building  or  struct., 
in  workings  mine,  has  a  lien  thereon,  provided  he  tiles  with  the  county  recorder,  within 
ten  d.i\-  lfter  the  completion  of  his  contract  if  an  original  contractor,  or  thirty  days 
after  the  completion  of  the  buildim;.  etc..  if  a  sub-contractor,  a  claim,  under  o  ith.  con- 
taining a  statement  of  his  demand  after  deducting  all  credits,  name  of  owner,  if  known, 
and  employer,  the  terms  of  the  contract,  and  description  of  property.  Suit  for  foreclo- 
sure must  be  commenced  within  ninety  days  after  filing. 

Hon  -     \re  executed  in  the  same  manner  as  deeds.    The  first  recorded  ha*  pref- 

erence unless  junior  mortgagee  has  actual  notice. 

There  is  bnt  one  form  of  ad  ion  for  t  he  recovery  of  any  debt  or  the  enforcement  of  any 
ritrht  secured  by  lien  or  mortgage  upon  real  estate  or  personal  property,  namely,  by 
foreclosure  and  sale. 

The  widow  cannot  claim  dower  as  asainst  the  mortgagee  or  his  vendors,  except  for 
ide  since  February  19,  1SS7.  which  she  has  not  also  executed. 

YVn  i>.—  vnv  person  of  the  aee  of  eighteen  years  and  of  sound  mind  may  dispose  of 
his  or  her  property,  personal  and  real,  by  will.  A  will  must  be  in  writing,  subscribed  by 
the  testator,  and  attested  bv  at  least  two  witnesses  in  the  presence  of  the  testator  and  of 
each  other.  All  wills  executed  according  to  the  law  of  the  State  or  country  where  made 
mav  be  admitted  to  probate  here. 

■fed  women  may  make  wills  as  if  sole. 


WASHINGTON  : 

rmed  originally  a  part  ol  the  Territory  of  Oregon.     First  settle- 
ment by  white  Americans  in  1845  at  Tumwater.     Par-trading 
had  previously  been  establish        S     arated  from  Oregon  and  organ- 
ised as  a  Territory  by  the  March  2,  l&  -       >bbgok.) 
A.    .     [n  square  miles           >4 ;  in  acres,  796,160. 
Conn 

mperature:  At  Port  Angel  -       i  Straits        Juan  de  Fuca),  aver- 

thly  mean,  from  J  1 1  cember,  lss7.  48°  :  from  Jan 

me,  1 1.2  .     Rainfall,  8  1.25  in    .  s.     At  Olymp  .  for 

.  lor  win'.         -        Rainfall 
UP  irtland,  average  montl 
,  July  to  December,  1887,  55.16°;  from  January  to  June,  4 
all,  41.69  in<      - 

vn  and  western.  The  former  has  too  much  heat 
in  summer,  and  brief  but  severe  frosts  in  winter.  The  latter  is  mild 
in  1  .ones  unknown. 

pmpia  is  the  capital :  population  in  1880, 1  attle:  popu- 

SValla-WaUa:  population,    3,58?       Vancouver  city: 
.;;U i.«n.  i  72:       S1  i  city  :  population,  1 .' 

••  Mediterranean  o\'  the   Pacifl  deep 

inloi   .  stending  from  the  ocean  oearly  -J^1  miles  over  a  Burface 

[uare  miles,  with  a  shore  line  <>(  about  1,154  miles 


MATTHEWS's    GUIDE.  93 

indented  with  numerous  bays,  harbors,  and  inlets,  ami  numerous 
islands  inhabited  by  thriving  farmers,  Lumbermen,  herdsmen,  and 
persons  engaged  in  quarrying  lime  and  building  stone,  with  ev<  ry  fa- 
cility indeed  for  a  vast  commercial  and  military  marine.  Thriving 
towns  and  cities  are  situated  on  its  shores,  bidding  for  the  comm<  ra 
of  the  world.  Shipbuilding  a  profitable  and  growing  industry.  Lum- 
b(  r  fleet,  both  sailing  and  Bteam,  la] 

Value  of  exports  daring  year  ended  June  30, 1887,  $1,769,299  j  of  imports, 

$3  lb.L'77. 

Estimated  population  in  ISSN,  107,')<S2. 

Agricultural  STATISTICS  : 

Number  of  farms  (1880),  6,529 ;  total  land  in  forma,  1,409,42]  acres  ;  Improved 
land  in  forms,  484,346  acres. 

Total  value  in  1880  of  farms  $13,844,224. 

Farm  product- — crop  of  1886:  Indian  corn:  Product,  88,000  bushels;  area 
in  crop,  3,375  acres;  average  yield  per  acre,  26J  bushels;  value  per  bushel, 
n't-;  total  valuation,  $66,000.  Wheat:  Product,  7,500,000  bushels ;  area  in 
crop,  445,490  acres;  average  yield  per  acre,  I'i  bushels;  weight  per  bu  hel, 
69.7  pounds;value  per  bushel,  67  cents ;  total  valuation,  $5,065,200.  Rye:  Pro- 
duct, 21,000  bushels  :  area  in  crop,  l,412acres  :  a\  erage  yield  per  acre,  I  L9bus] 
value  per  bushel,  65  cents;  total  valuation,  $13,650.  Oats:  Product,  3,126,000 
bushels;  area  in  crop, 88,393  acres ;  average  yield  per  acre,  35.4  bushels;  value 
per  bushel,45o  uts;  total  valuation, $1,406,700.  Barley:  Product,  872,000  bush- 
els; area  in  crop,  29,055  acres ;  average  yield  per  acre,  30  bushels;  value  per 
but  hel,  69  cents  ;  total  valuation,  $001,080. 

Potatoes:  Product,  1,258,000 bushels ;  area  in  crop,  10,943 acres;  averagi   yield 
re,  115  bushels ;  value  per  bushel,  54  cents ;  total  valuation,  $679,320. 

Hay:  Product,  194,763  tons ;  area  in  crop,  163,894  acres;  average  yield  pi  i  ton, 
1.19  ton;  value  per  ton,  $7.50 ;  total  valuation,  $1,460,723. 

Total  area  in  crop,  742,562  acres. 

Total  valuation  of  crop,  $9,293,273. 

Wages  of  farm  labor  per  month  by  the  year:  Without  board,  $35.20    v.ith 
:.  $25.    Day  wages  in  harvest:  Without  board,  $2.10;  with  board,  $1.60. 
Day  wages  of  ordinary  farm  labor:  Without  board,  $1.45;  with  board,  $1.15. 

Agricultural   development  very  i  le.     Staple  crops  of  • 

Washington,  wheat  and  other  cereals,  harvested   in  abundance, 
rhi  average  yield  of  wheat  being  25  bushels  per  acre.     S  ota- 

Borghum,  tobacco,  egg-plant,  melons,  corn  and  hops  hrive 

in  the  Yakima  valley.     Corn  nowhere  a  staple  crop. 

W<  -i.  rn  Washington  specially  adapt  d  to  all  the  grassi  -  i  nd  I 
and  root  crops.     Wheat  of  a  fine  quality  also  harvested.     Vegetables 
hardly  surpassed,  Buch  as  pofc  I  ts.     Elayyielde  in 

wonderful  luxuriance.  The  feme  of  hop  crop  world  wide,  aid  the 
Bource  of  a  great  n  v<  i 

One  of  the  greatest  fields  in  the  D  3  for  the  horticulturist. 

The  Walla-Walla,  Snake  river,  Yakima,  and  other  valley-  for 

producing  fruits.  Western  Washington  the  natural  home  of  the  apple, 
pear,  plum,  prune,  and  cherry,  growing  in  '_rreat  abundance.  < -rapes 
yield  moderately  well.  Plums  and  prunes  in  size,  quantity,  and 
quality  unsurpass*  d.     N"  in»  ct  to  prey  on  fruit  or  tree. 


<i.}  MATTHEWS S    GUIDE. 

Strawberries,  blackberrie6j  raspberries,  eurrante,  gooseberries,  and 
cranberries  unexcelled. 

Horticulture  and  bee  culture  prosperous. 

Farm   animal-.  January  l.  L888:    Hones:  Number,  96,122;   average   price, 

$61.96;  value, $5,955,637.    Mules:  Number,  i._i:;:  average  price,  $80.07 ;  value, 

Milch  cows:  Number,  65,523 ;  average  price,  $33.30;  value,  $2,181,916. 

ottfe:  Number,  300,676;  average  price,  $23.48 ;  value,  $7,060,177. 

Number,  91,054 ;  average  price,  $5.01  ;  value,  $455,997. 

Sheep:  Number,  549,885;  average  price,  $1.94  ;  value,  $1,068,976. 

Live  Btock  raising  an  important  industry.  In  eastern  Washington 
the  number  of  Btock  very  great  and  shipments  very  considerable: 
••  Bunch  grass,"  very  nutritious  even  in  winter,  sustain  the  cattle.  In 
western  Washington  the  grazing  is  on  a  turf  equaled  only  by  that  of 
Ireland.  Tin-  grass  on  the  Pacific  Bide  a  beautiful  green  the  entire 
year,  rarely  suffering  cither  from  frosl  or  drouth. 

Raising  of  inferior  stock,  however,  has  ceased  to  be  profitable.  Su- 
perior breeds  of  horses,  cattle,  sheep,  and  swine  in  demand,  and 
found  everywhere.  Stock  no  Longer  left  to  take  care  of  themselves  in 
winter  on  the  ranges,  but  are  fed  in  places  of  shelter  provided  for 

them. 

Mancfactukks  (1880): 

Number  of  establishments,  261 ;  capital,  $3,202,497  ;  average  number  of  hands 
employed,  1.117;  annual  wages  paid,  $532,226 ;  value  of  materials,  $1,967,469. 

Value  of  products:  Sawed  lumber,  $1,734,742;  all  other  industries,  $1,515,392. 

Total  value  of  product  of  manufactures, $3,250,134. 

Mineral  resources  very  great  Gold,  silver,  copper,  bog  iron,  cin- 
nahar.  lead,  marble,  lime,  sandstone,  and  coal  abound.  Gold  and  sil- 
ver in  paying  quantities. 

Estimated  coal  area.  180,000  acres. 

Coal  output  for  year  ended  September  ;'>(),  ls&s,  1,133,801  tons. 

Value  per  ton  from  $2  to  $2.30. 

Immense  forest  ranges:  Yellow  and  red  fir,  white  and  red  cedar. 
spruce,  larch,  white  pine,  white  fir,  hemlock,  bull  pine,  tamarack, 
alder  and  maple,  ash  and  oak.  cherry  and  laurel  and  Cottonwood. 

T  ital  capacity  of  saw  mills  for  year  ended  June  30,  1888,  1,043,596,000  feet. 
Lumber  exports  in  L887,  L35,731,398  feet 

Salmon  fisheries  a  Leading  and  profitable  industry.     Pack,  in  1887, 
354,000  cases,  valued  a1  $2,124,000.     Capita]  invested  in  average  sea- 
ii  Shoalwater  bay  and  Gray's  harbor, $167,300 ;  amount  paid  for 
labor.  $179,770;  total  pack,  72,000  cases. 

Balibut,  cod,  rockfish,  salmon  trout,  and    smaller    food    fishes  also 

abound  in  it-  waters  and  stream-.  Whales  (the  California  gray  |  and 
fine  seals  are  taken  off  ('ape  Flattery,  and  form  an  important  and  Lu- 
crative trade. 

Game  of  all  kinds  abound — bear,  elk,  caribou,  moose,  deer,  and  a 
great  variety  of  small  animals.  Canvas  back  ducks  plentiful,  and  of 
unexcelled  flavor. 


MATTHEWS'S    GUIDE.  95 

Railroad  mileage,  1,197.7  miles. 

Total  value  of  all  taxable  property,  $84,621,182. 

Public  school  system  thoroughly  organized  and  in  successful  oper- 
ation, affording  general  satisfaction.  Colleges  and  universities  of  su- 
perior character,  well  supported. 

Insane  asylum  at  Steilacoom,  hospital  for  the  insane  at  Medical  lake, 
and  school  for  defective  youth  at  Vancouver. 

Territorial  and  congressional  elections  Tuesday  after  first  Monday 
in  November;  senators,  12 — representatives,  24;  biennial  sessions  of 
legislature  in  odd  numbered  years,  meeting  first  Monday  in  October: 
terms  of  senators  and  representatives,  2  years;  limit  of  session,  60 
days. 

Legal  interest  rate,  10  per  cent. ;  by  contract,  any  rate. 

Territorial  Laws  in  Relation  to  Deeds,  Dower,  Descent  and  Distribution  <>f 
Property,  Married  Women,  Mechanics'  Liens,  Mortgages,  and  Wills. 

Deeds.— A  deed  shall  be  in  writing,  signed  and  sealed  by  the  party  bound  thereby, 
-witnessed  by  two  witnesses,  and  acknowledged  before  an  officer  authorized  to  take  ac- 
knowledgments.   (R.  G.  §  2H12.) 

A  married  woman  shall  not  be  bound  by  any  deed  affecting  her  real  estate,  unless 
Bhe  is  joined  in  the  conveyance  by  her  husband,  and  shall,  upon  examination  by  the 
officer  taking  the  acknowledgment,  separate  and  apart  from  her  husband,  acknowledge 
that  she  executed  the  deed  of  her  own  free  will,  and  without  fear  of  or  coercion  by  her 
husband.  The  officer  must  certify  that  he  has  made  known  to  her  the  contents  of  the 
deed.    (R.  C.  1 2313.) 

In  conveying  the  homestead  property  the  wife  must  sign  the  deed  out  of  the  presence 
of  the  husband,  and  the  officer  taking  the  acknowledgment  must  certify  that  he  made 
known  to  her,  at  the  time  of  signing  and  acknowledging  the  deed,  that  she  was  convey- 
ing away  her  homestead,  and  that  she  signed  and  acknowledged  the  deed  out  of  the 
presence  of  her  husband.    (R.  C.  g  344.) 

Acknowledgments  of  deeds  and  mortgages  made  within  the  Territory  may  be  taken 
by  a  judge  of  the  supreme  court,  judge  of  the  probate  court,  j ustice  of  the  peace,  county 
auditor,  a  clerk  of  the  district  or  supreme  court,  or  their  deputies,  or  a  notary  public. 
Acknowledgment  made  in  any  other  State  or  Territory  of  conveyances  of  or  mortgages 
upon  lands  situated  within  this  Territory,  may  be  made  before  any  person  authorized  to 
take  acknowledgments  of  deeds  by  the  laws  of  the  State  or  Territory  wherein  the  ac- 
knowledgments is  taken,  or  before  any  commissioner  appointed  by  the  Governor  of  this 
Territory  for  such  purpose.  Unless  such  acknowledgment  is  taken  before  a  clerk  of  rec- 
ord of  said  State,  or  by  a  notary  public  or  other  officer  having  a  seal  of  office,  there  must 
be  attached  to  the  deed  a  certificate  of  a  clerk  of  a  court  of  record  for  the  county  or  dis- 
trict where  the  acknowledgment  is  taken,  under  the  seal  of  said  court,  that  the  person 
making  the  certificate  of  acknowledgment  was  at  the  date  thereof  such  officer  as  he 
therein  represents  himself  to  be;  that  he  is  authorized  by  law  to  take  the  acknowledg- 
ment of  deeds,  and  verily  believes  the  signature  of  the  officer  to  be  genuine.  (R.  C.,  \  I 
•2315-2317.) 

Acknowledgments  may  be  taken  in  a  foreign  country  before  any  minister  plenipoten- 
tiary, charge  d'affaires,  consul-general,  vice-consul,  or  commercial  agent  appointed  by 
the  government  of  the  United  States  to  the  country  where  it  is  taken,  or  before  the  mayor 
or  chief  magistrate  of  any  city  or  town  therein.    (R.  C.  I  2319.) 

Trust  Deeds— Are  not  in  practical  use  as  a  mode  of  securing  debts.  There  is  no  legis- 
lation upon  the  subject. 

Descent  and  Distribution.— Of  Real  Estate.— When  any  person  dies  intestate  his 
reai  estate,  after  payment  of  debts  and  expenses  of  administration,  is  distributed  as  fol- 
lows- If  the  decedent  leaves  surviving  husband  or  wife  and  only  one  child,  in  equal 
shares  to  each;  if  more  than  one  child,  one-third  to  the  surviving  consort  and  remain- 
der to  the  children,  in  equal  shares.  The  children  of  a  deceased  child  take  by  right  of 
representation.  If  the  decedent  leaves  no  children  the  surviving  consort  takes  one-half 
and  the  decedent's  father  and  mother  the  other  half,  if  both  survive;  but  it  there  be  no 
father  nor  mother  living,  to  the  brothers  and  sisters,  in  equal  shares.  If  the  decedent 
leaves  a  surviving  consort  and  no  issue,  and  no  father,  mother,  brother,  or  sister,  the 
whole  must  go  to  the  surviving  consort.  If  the  decedent  leaves  no  issue  nor  surviving 
husband  or  wife,  father,  mother,  brother,  or  sister,  the  whole  estate  goes  to  the  next  of 
kin  in  equal  degree,  and  if  there  are  two  or  more  collateral  kindred  in  equal  degree,  but 
claiming  through  different  ancestors,  those  claiming  through  the  nearest  ancestor  must 
be  preferred.  The  foregoing  provisions  relate  only  to  the  separate  property  ot  the  dece- 
dent, and  take  the  place  of  tenants  by  the  curtesy  and  of  dower.  Upon  the  death  ol 
■either  husband  or  wife,  the  one-half  of  the  community  property,  subject  to  the  commu- 
nity debts,  goes  to  the  survivor,  and  the  other  half  is  subject  to  the  testamentary  dispo- 
sition of  the  decedent,  subject  also  to  the  community  debts.    In  case  there  is  no  will  it 


M  ITTHEWS's    GUIDE. 

property  to  the  legitimate  i«««e  of  his  or  her  body;  and  If  there  be  no- 
ivor  to  the  exclusion  of  collateral  heir-.  ui03.) 

■A'luu  any  person  dies  Intestate,  poast  per- 

sonal ■  Idow,  if  any,  shall  have  all  articles  of  apparel  or  ornament, .  nd  also 

provisions  and  other  necessaries  for  her  use  and  thai  of  her  family  as  may  be  deon  cd  in 
pursuance  of  law.  rhe  residue,  after  paying  funeral  expenses,  shall  be  dlstribub  i  i  >  the 
same  persons  and  In  the  Bame  proportions  as  the  real  estate,  except  If  the  Intestate  leave 
a  husband  and  issue,  the  husband  shall  be  entitled  to  one-half.  If  there  be  uo  Issue,  he 
shall  have  the  whole.  If  the  Intestate  leave  a  widow  and  Issue  she  shall  be  entitled,  to 
one-half,  and  if  there  Is  no  Issue  she  shall  be  entitled  to  the  whole.  EU  ...  '.10.) 
.:—i-  abolished. 
Exemption.— All  realand  personal  estate  belonging  to  a  married  woman  at  the  time  of 
her  marriage,  and  all  Bhe  subsequently  becomes  entitled  to  In  her  own  i- i -_: 1 1 1  .and  all  her 

Ei  ;l  earnings,  and  all  rents  and  profits  ol  Bucb  real  estate  shall  not  !"•  liable  tor  her 
ig  as  she  or  any  minor  heir  of  her  body  Is  living,  but  hi  r  property 
Is  liable  for  debts  owing  by  her  at  the  time  of  her  marriage.  To  a  householder,  being  the 
of  a  family,  a  homestead  of  tin.-  value  of  one  thousand  dollars  while  occupied  by 
such  family.  All  wearing  apparel,  private  libraries,  not  to  exceed  five  hundred  dollars 
In  value,  family  pictures,  and  keepsakes.  To  each  householder  one  bed  and  bedding, 
and  one  additional  bed  and  bedding  for  every  two  additional  members  ol  the  family, 
and  other  household  goods  of  the  coin  value  of  five  hundred  dollars.  Two  cows  with 
their  calves,  five  swine,  two  stands  ol  bees,  thirty-six  domestic  fowls,  and  provislonsand 
fuel  tor  six  months.  To  a  farmer  one  span  ol  horses  and  harness,  or  two  yokes  of  oxen, 
and  one  wagon  with  fanning  utensils  not  exceeding  live  hundred  dollars  coin  value, 
lechanic  the  tools  used  to  carry  on  his  trade  for  the  support  of  himself  and  family, 
also  material  of  the  value  of  live  hundred  dollars.    To  a  physician,  his  library,  m 

og  five  hundred  dollars  in  value,  horse  and  carriage,  instruments  and  medicines. 
To  attorneys  and  clergymen,  their  libraries,  not  exceeding  the  coin  value  of  one  thou- 
sand dollars,  also  ..tine  furniture,  stationery,  and  fuel  not  exceeding  in  value  two  hun- 
dred dollars.    Ail  fire-arms  kept  for  use,  and  a  canoe,  skiff,  or  small  boat  not  exce< 
the  coin  value  offlfty  dollars.    To  a  person  engaged  in  lightering  oneor  more  lighters  or 
and  a  small  l>  tat,  not  exceeding  the  aggregate  value  of  two  hundred  and  fifty  dol- 
I"  a  drayman  his  team.    To  a  person  engaged  in  logging,  three  voles  of  work 
.  and  implements  of  the  value  of  three  hundred  dollars.    No  property  shall  be  on- 
empt  upon  a  judgment  for  its  purchase  price,  or  for  a  tax  levied  thereon.    (R.C., 

Married  Women— May  sue  and  be  sued  without  joining  her  husband,  when  the  ac- 
tion concerns  her  separate* property,  or  her  right  or  claim  to  the  homestead  property,  or 
when  she  is  living  separate  and  apart  from  her  husband,  or  when  the  action  n  between 
herself  and  her  husband.  If  a  husband  and  wife  be  sued  together  she  may  defend  for 
her  own  right,  and  for  his  also  if  la-  neglects  to  do  so.     I 

All  property,  both  real  and  personal,  owned  by  the  wife  before  marriage,  and  that  ac- 
quired afterward  by  gift,  devise,  or  descent,  is  her  separate  property.  Property  thus  ac- 
quired by  the  husband  constitutes  bis  separate  property.  All  property  acquired  during 
marriage  except  bv  gift,  devise,  or  descent  constitutes  their  common  property.     It.''. 

A  wife  may  receive  the  wages  of  her  personal  labor  and  maintain  an  action  In  her 
own  name  therefor,  and  may  prosecute  and  defend  till  actions  for  the  preservation  and 

;ion  of  her  property  rights,  as  if  unmarried.      it.  C.  J2404.)     Contracts  m 
made  by  a  wile  and  liabilities  Incurred,  to  the  same  extent  as  If  unmarrie  I.    (R.C.   i 

The  husband  ha-  the  management  and  control  of  the  community  property,  and  may 
dispose  of  the  personal  property,  but  he  cannot  sell  or  encumber  the  real  estate  without 
the  wife  Joins  in  executing  the  conveyance  or  incumbrance.    i  it.  i  UO.) 

All  laws  which  Impose  or  recognize  civil  disabilities  upon  a  wife  which  are  not  im- 
posed  or  recognized  as  existing  as  to  the  husband,  are  hereby  abolished;  provided  that 
this  shall  not  confer  the  right  to  vote  or  hold  office  upon  i  he  wife,  except  a-  is  otherwise 
provided  by  law ;  and  for  any  unjust,  usurpation  of  her  natural  or  property  rights  Bhe 
shall  have  the  same  ri^ht  to  appeal.  In  her  own  individual  name,  to  the  courts  of  law  or 
equity,  for  redress  and  protection,  that  her  bus  baud  has.  lb  ucefortb  the  rights  and  tin" 
nt-.  in  the  absence  of  misconduct,  shall  be  equal,  and  the 
■  ■r  shall  be  as  fully  entitled  to  the  custody,  control,  and  earnings  of  the  children  as 
the  father,  and  in  case  of  the  lathers  death  the  mother  shall  come  into  as  full  and  com- 

S        control  of  the  children  and  their  estate  as  the  father  does  In  case  of  the  mother's 
eatb."      i'. 
Ml. in  an  l'  -'   l.i  ENS.— Mechanics  and  material  men  may  have  liens  on  buildings  and 

lam  is  on  winch  they  stand,  by  filing  notice  thereof,  within  sixty  days  of  the  completion 

of  the  work  or  ft]  robbing  materials,  with  the  county  auditor,  stating  amount  due  above 
all  set-oils.     Suit  mo   I  be  brought  within  eight  months  after  such  filing, 

Lumbermen  may  have  a  similar  lien  on  fogs  and  timber,  and  farm  laborers  on  crops, 
by  filing  notice  of  lien  in  county  auditor's  (.nice  within  thirty  days  after  debt  accrued, 
and  bringing  suit  thereon  within  one  year  thereafter. 

Mortgages— Are  executed  and  acknowledged  in  the  Bame  manner  as  deeds,  and 
may  be  foreclosed  In  a  couri  of  equity  Jurisdiction  upon  failure  of  the  mortgagor  to  pay 
any  Instalment  ol  the  principal  or  Interest. 

\\iii-.  Every  male  person  above  the  age  of  twenty-one  years,  and  every  female 
above  the  age  of  elghtci  u  years,  ol  sound  mind,  may  by  last  will  devise  bis  or  her  real 

and  personal  estate.     [R.  (  '..       1    1-.  1810.1 

Every  will  shall  be  In  writing,  Blgned  by  the  testator,  or  by  s..mc  person  under  his  di- 
rection, ami  shall  be  attested  liylun  or  more  competent  witnesses,  Subscribing  Heir 
names  in  the  presence  of  the  testator,    (R.  C,  f  l3io.) 


MATTHEWS'S    G^IDE.  97 

WISCONSIN: 

French  form  of  an  Indian  word  signifying  "  Wild  Rushing  Channel," 
or  u Mowing  West,"  Also  called  the  "Badger  State."  Settled  in  L669 
at  Green  Lay."  Formed  part  of  the  northwest  territory  ceded  to  the 
United  States  by  Virginia  and  other  States.  Organized  as  a  Territory 
April  20,  1836,  and  admitted  as  a  State  May  29,  1848. 

Area,  in  square  miles,  53,924;  in  acres,  34,511,360 

Counties,  67. 

Value  of  farrn  lands  and  products,  $568,187,288. 

Acres  of  improved  farm  land,  8,115,333. 
•    Acres  of  woodland,  3,660,198. 

Acres  of  unimproved  farm  land,  4,583,715.  Total  farm  land  acreage, 
16,359,246. 

Area  of  clear  water  lakes,  in  square  miles,  3,000 ;  in  acres,  1,920,000. 

Madison  is  the  capital  of  the  State :  population  in  1885,  12,064. 
Milwaukee,  the  principal  business  center,  is  also  a  port  of  entry.  It 
is  noted  for  its  pork  packing  and  beer  brewing.  Population  in  1885, 
158,500. 

Population  of  State  in  1885,  1,563,423. 

Temperature  at  Milwaukee,  in  winter,  19°  to  31° ;  in  summer  66° 
to  70°.     Rainfall,  30  inches. 

Farm  products— crop  of  1886:  Indian  corn:  Product,  28,493,000  bushels; 
area  in  crop,  1,109,779,  acres ;  average  yield  per  acre,  25.7  bushels ;  value  per 
bushel,  37  cents ;  total  valuation,  $10,542,410.  Wheat :  Product,  14,725,000  bush- 
els; area  in  crop,  1,281,018  bushels;  weight  per  bushel,  57.3  pounds;  average 
yield  per  acre,  11.5  bushels ;  value  per  bushel,  68  cents ;  total  valuation,  $10,- 
013,000.  Rye:  Product,  1,986,000  bushels ;  area  in  crop,  172,674  acres  ;  average 
yield  per  acre,  11.5  bushels  ;  value  per  bushel,  48  cents ;  total  valuation,  $953,- 
280.  Oats :  Product,  39,656,000  bushels  ;  area  in  crop,  1,398,349  acres  ;  average 
yield  per  acre,  28.4  bushels ;  value  per  bushel,  28  cents ;  total  valuation,  $11, 
103,680.  Barley :  Product,  6,991,000  bushels  ;  area  in  crop,  317,756  acres ;  aver- 
rage  yield  per  acre,  22  bushels ;  value  per  bushel,  48  cents ;  total  valuation, 
$3,355,680.  Buckwheat :  Product,  261,000  bushels ;  area  in  crop,  31,852  acres ; 
average  yield  per  acre,  8.2  bushels  ;  value  per  bushel,  56  cents  ;  total  valuation. 
$146,160. 

Potatoes :  Product,  6,974,000  bushels ;  area  in  crop,  108,974  acres ;  average  yield 
per  acre,  64  bushels  ;  value  per  bushel,  42  cents ;  total  valuation,  $2,929,080. 

Hay :  Product,  1,924,237  tons  ;  area  in  crop,  1,732,486  acres ;  average  yield  per 
acre,  1.11  ton ;  value  per  ton,  $8.60 ;  total  valuation,  $16,548,438. 

Tobacco :  Product,  23,744,000  pounds  ;  area  in  crop,  24,229  acres ;  average  yield 
per  acre,  980  pounds ;  value  per  pound,  10  cents  ;  total  valuation,  $2,374,400. 

Total  area  in  crop,  6,177,117  acres. 

Total  value  of  crop,  $57,966,128. 

"Wages  of  farrn  labor  per  month  by  the  year :  Without  board,  $24.65 ;  with 
board,  $16.80.  Day  wages  in  harvest :  Without  board,  $1.80 ;  with  board,  $1.44. 
Day  wages  of  ordinary  farm  labor :   Without  board,  $1.22 ;  with  board,  97  cents. 

Sorghum  (1885:;  Acres  planted,  6,317 ;  product,  599,031;  value,  $259,580.80. 
Maple  sugar:  Product,  166,803  pounds ;  value,  $19,705.59.  Maple  molasses :  Pro- 
duct, 37,014  gallons  ;  value,  $37,092.60. 

Bees  (18S5) :  Number  of  colonies,  51.917  ;  wax,  44,281  pounds ;  value,  $247,- 
481.80.    Honey:  Product,  1,432,766  pounds  ;  value,  $160,076.75. 

Farm  animals  (January  1,  1888):  Horses:  Number,  412,687 ;  average  price 
$78.01 ;  value,  $32,441,507.    Mutes:  Number,  7,930  ;  average  price,  $90.34  ;  value, 


HATTHEWS'S    GUIDE. 

716  124     MU6h  anas:  Number, 548,222 ;  average  pri  I:  value, $13,064,130. 

.-   Number,  640,752;  average  price,  $20.97 ;  total  valuation^ 
Number,  1,123,866 ;  average  price,  $6.02 ;  total  valuation, 

s        •  Number,  911,662;  average  price,  $2.15  ;  total  valuation,  $1,962,261. 

Wool  clip  in  1885:  Product,  6,174,527  pemnds;  value,fl,S3; 

Butter:  Product 86,240,431  pounds ;  value, $5,850,402.55. 
Cheese:  Product,  33,478,900  pounds;  value, $2,984,813.92. 

Number  in  1885  offiumbands,  60,285. 

Average  wages  per  annum,  including  board,  $141.  , 

Estimated  number  of  persona  employed  in  agriculture,  in  addition  to  1  arm 
hands,  272,216. 

Total  number  of  persona  employed  in  agriculture,  332,501. 

Aggregate  wages  of  farm  hands,  Including  board,  $8,549,540.25. 

Pish  culture  encouraged  by  the  State. 

Institutions  for  the  treatment  of  the  insane  and  deaf  and  dumb  and 

blind.  , 

Mississippi  river  navigable  throughout  southwest  boundary.  (Jn 
Lake  Michigan,  on  its  east  boundary,  and  on  Lake  Superior,  on  the 
north,  are  fine  harbors. 

MAN1  i  U  n  1:1  -     L885)  : 

Lumber,  shingles,  and  lathes;  iron,  lead,  and  leather;  woolen  and 
cotton  fabrics;  linseed  oil.  vinegar,  whisky,  and  heer;  earthenware, 
wood,  drain  tile,  etc. 

Value  of  manufacturing  establishments  and  their  products,  $193,700,167. 

Number  of  persons  employed  in  manufactures,  71,185. 

Estimated  number  employed  in  other  vocations,  179,848. 

Total  persons  employed,  583,534. 

In  Grant,  Lafayette,  and  Iowa  counties  are  extensive  mines  of  lead  : 
in  Crawford  and  Iowa  counties  native  copper  is  found  ;  in  Sauk,  Ash- 
land, Jackson,  and  Dodge  counties  iron  ores,  and  from  Milwaukee 
clay  is  made  the  noted  cream  colored  bricks. 

Railroads,  June  30, 1887 :  Mileage,  7,720;  total  track,  0,015.75  milea  ;  locomo- 
tives, 967;  total  revenue  cars,  29,049. 

Colleges,  7.  Public  school  system  well  managed  and  supported  by 
ample  funds. 

Suffrage  exercised  in  school  matters  by  women. 

Electoral  college,  11. 

Presidential,  congressional,  and  State  elections  held  on  Tuesday  after 
first  Monday  in  November;  number  of  senators.  .".:; — representatives. 
100;  biennial  sessions  of  legislature  in  odd  numbered  years,  meeting 

ond  Wednesday  in  January;  no  limit  to  sessions;  terms  of  sena- 
tors, 4  years — of  representatives,  -1  years. 

Legal  interest,  7  per  cent. ;  by  contract,  10  per  cent. ;  usury  forfeits 
entire  interest. 

State  Laws  in-  Relation  to  Deeds,  Dowse,  Descent  and  Distribution  of- 
Property,  Married  Woken,  Mechanics'   Libnb,  Moktgages,  and  Wills, 
Deeds— Executed  within  the  State  <>r  any  Interest  in  lands  therein  must  be  executed 

in  the  presence  of  two  witnesses,  who  shall  subscribe  their  oames  to  the  same  as  anch. 

and  the  personi  executing  any  conveyance  must  acknowledge  the  execution  thereof 


MATTHEWS'S   GUIDE.  99 

before  any  judge  or  court  commissioner,  clerk  of  a  court  of  record,  county  clerk,  register 
of  deeds,  notary  public,  or  justice  of  tbe  peace;  and  the  officer  taking  such  acknowledg- 
ment must  indorse  thereon  a  certificate  of  acknowledgment  and  the  true  date  of  the 
making  of  the  same  under  his  hand. 

Trust  Deeds.— Trust  deeds  are  not  in  general  use  in  this  State. 

Descent  and  Distribution  of  Property.— Real  property  undevised  descends, 
subject  to  the  debts  of  the  decedent,  also  to  homestead  and  dower  rights  of  the  widow, 
and  husband's  rights  as  tenant  by  the«curtesy,  as  follows,  if  not  a  homestead :  1.  In 
-equal  shares  to  his  children  and  to  the  lawful  issue  of  any  deceased  child  by  right  of 
representation.  2.  If  he  or  she  leave  no  issue,  to  widow  or  surviving  husband.  3.  If  no 
children,  surviving  husband,  or  widow,  to  the  parents  or  survivor  of  them.  4.  If  he  leave 
no  issue,  or  father  or  mother,  to  his  brothers  and  sisters  and  their  children  by  represen 
tation.  5.  If  he  leave  no  issue,  widow,  father,  mother,  brother,  or  sister,  to  his  next  of 
kin.  6.  If  he  leave  no  widow,  or  kindred,  the  property  shall  escheat  to  the  State  and  be 
added  to  the  capital  of  the  school  fund. 

The  homestead,  if  undevised,  shall  descend  free  of  all  judgments  and  claims,  as  fol- 
lows :  1.  If  he  leaves  no  lawful  issue,  to  his  widow.  2.  If  he  leave  widow  and  issue,  to 
his  widow  during  her  widowhood,  and  upon  her  marriage  or  death  to  his  heirs;  and  if 
he  leave  issue  and  no  widow,  to  such  issue.  The  homestead  will  descend  free  from  all 
claims  unless  there  be  no  widow  and  no  child,  or  no  child  of  any  deceased  child. 

Personal  property  undevised  is  distributed  as  follows:  1.  A  widow  is  allowed  all  her 
apparel,  ornaments,  and  all  wearing  apparel  and  ornaments  of  the  deceased,  household 
furniture  not  exceeding  in  value  two  hundred  and  fifty  dollars,  and  other  personal  prop- 
erty to  be  selected  by  her,  not  exceeding  in  value  two  hundred  dollars.  2.  A  widow  and 
minor  children  constituting  the  family  are  entitled  to  such  reasonable  allowance  of  the 
personal  estate  as  the  county  court  shall  judge  necessary  for  their  maintenance  during 
the  settlement  of  the  estate.  3.  Children  under  seven  years  of  age  having  no  mother  are 
•entitled  to  an  allowance  for  their  maintenance  until  they  arrive  at  the  age  of  seven  years. 
4.  The  residue  is  to  be  distribtued  in  the  same  manner  as  real  estate,  except  that  when 
the  deceased  shall  leave  a  widow  and  issue  the  widow  takes  a  child's  share. 

Dower. — The  widow  of  every  deceased  person  is  entitlad  to  dower  or  use  during  her 
natural  life  of  one-third  part  of  all  the  lands  whereof  her  husbund  was  seized  of  an  estate 
of  interitance  unless  lawfully  barred. 

Exemptions.— 1.  The  family  Bible.  2.  Family  pictures  and  school  books.  3.  The 
library  of  the  debtor.  4.  The  seat  or  pew  in  any  place  of  public  worship.  5.  All  wearing 
apparel  of  the  debtor  and  his  family ;  all  beds  and  bedsteads  and  bedding  kept  and  used 
for  the  debtor  and  his  family ;  all  stoves  and  appendages  kept  for  the  use  of  the  debtor 
and  his  family ;  all  cooking  utensils  and  all  other  household  furniture  not  exceeding  two 
hundred  dollars  in  value,  and  one  gun,  rifle,  or  other  firearm  not  exceeding  fifty  dollars 
in  value.  (3.  Two  cows,  ten  swine,  one  yoke  of  oxen  and  horse  or  mule,  or  in  lieu  of  one 
yoke  of  oxen  or  horse  or  mule,  two  horses  or  two  mules,  ten  sheep  and  the  wool  from  the 
same,  either  in  the  raw  material  or  manufactured  into  yarn  or  cloth.  The  necessary 
food  for  one  year's  support  for  all  the  stock,  also  one  wagon,  cart  or  dray,  one  sleigh,  on'» 
plow,  one  drag,  and  other  farming  utensils,  including  a  tackle  for  teams,  not  exceeding 
two  hundred  dollars  in  value.  7.  The  provisions  for  the  debtor  and  his  family  neces- 
sary for  one  year's  support,  and  fuel  necessary  for  one  year.  8.  The  tools,  implements, 
and  stock  in  trade  of  any  mechanic,  miner,  merchant,  trader,  or  other  person,  used  or 
kept  for  the  purpose  of  carrying  on  his  trade  or  business,  not  exceeding  two  hundred 
■dollars  in  value.  9.  All  sewing  machines  owned  by  individuals  and  kept  for  the  use  of 
(themselves  or  family.  10.  Any  sword,  plate,  books,  or  other  articles  presented  or  given 
to  any  person  by  congress,  legislature,  or  any  of  the  United  States,  or  by  either  body  oi 
•congress  or  of  such  legislature,  whether  presented  by  vote  or  raised  by  subscription  of 
the  members  of  either  of  the  aforesaid  bodies.  11.  Printing  material  and  press  or 
presses  used  in  the  business  of  any  printer  or  publisher,  to  an  amount  not  exceeding 
fifteen  hundred  dollars  in  value,  provided  no  sum  exceeding  four  hundred  dollars  shall 
'be  exempt  from  payment  of  employees.  12.  Horses,  arms,  equipments,  and  uniforms  of 
all  officers,  non-commissioned  officers,  and  privates  used  for  military  purposes  in  the 
■organized  militia  of  the  State.  13.  All  books,  maps,  plats,  and  other  papers  kept  or  used 
by  any  person  for  the  purpose  of  making  abstracts  of  title  to  land.  14.  The  interest 
owned  by  any  inventor  in  any  invention  secured  to  him  by  letters  patent  of  the  United 
States.  15.  The  earnings  of  all  married  persons  and  other  persons  having  a  family  de- 
pendent upon  them  for  support,  for  three  months  next  preceding  the  issue  of  an  attach- 
ment, execution,  or  garnishment,  to  the  amount  of  sixty  dollars  only  for  each  month. 
16.  All  fire  engines,  apparatus,  and  equipments  used  or  to  be  used  for  the  protection  of 
property  from  fire.  17.  All  moneys  arising  from  insurance  of  any  exempt  property  when 
such  property  has  been  destroyed  by  fire.  18.  All  private  property  is  exempt  from  seiz- 
ure and  sale  upon  execution  issued  to  enforce  a  judgment  or  decree  which  shall  have 
been  rendered  against  any  county,  town,  city,  village,  or  school  district  of  the  State.  19. 
All  moneys  arising  on  any  policy  of  insurance  on  the  life  of  a  minor,  payable  to  his 
father  or  mother,  or  both,  shall  be  exempt  against,  the  creditors  of  such  father  or 
mother,  but  not  against  the  creditors  of  such  minor.  20.  All  cemetery  lots  owned  by 
individuals  and  all  monuments  therein,  the  coffins  and  other  articles  for  the  burial  of 
any  dead  person,  and  the  tombstone  or  monument  for  his  grave,  by  whomsoever  pur- 
chased. No  property  exempt  by  the  provision  of  this  section  shall  be  exempt  from  at- 
tachment or  execution  issued  upon  a  judgment  in  an  action  brought  by  any  person  for  the 
recovery  of  the  whole  or  any  part  of  the  purchase  money  of  the  same  property.  The  ex- 
emptions provided  for  in  subdivisions  above  numbered  three,  six,  seven,  eight,  nine, 
eleven,  thirteen,  fourteen,  seventeen,  and  nineteen  extend  only  to  debtors  having  an  ac- 
tual residence  in  the  State,  and  when  such  debtors  and  their  families,  or  any  of  them, 
shall  be  removing  from  one  place  of  residence  to  another.  The  property  mentioned  in 
iSubdivisions5, 6, 11, 13. 14, 15, 17,  andlOis  not   exempt  as  against   domestic  labor  in  the 


UATTHEWS's    GUIDE. 

dwelling  house  of  tbo  employer.    The  exempt  proper:-.  leoted  by  the  debtor. 

/•in.  clerk,  or  legal  representative,  \\  ben  necessary  to  dis;  ingulab  tbesame.    Wben 
personal  property  Isselzedanda  part  of  snob  property  is  exempt,  the  officer  making  such 
seizure  shall  cause  an  appraisal  !•  >  !><•  made  of  the  exempt  property,  which  appi 
willb  dence  ofthevalue  of  the  property  appraised,  for  the  purpose  of 

Bach  exemption.    A  homestead  to  be  selected  by  the  owner,  consisting,  when  not  in- 
cluded hi  any  city  Or  Village,  Of  any  quantity  Of  land  not  exceeding  forty  acres,  used  lor 

tltural  purposes,  and  when  Included  In  airy  city  or  village,  «>t  any  quantity  of  land 
qoI  exceeding  one-fourth  of  an  acre  and  the  dwelling  house  thereon  andltsappurtei 
owned  and  occupied  by  any  resident  of  the  State,  is  exempl  from  execution  except  on 
laborers'  or  mechanics'  purchase  money  hens  and  mortgages  and  taxes.    Proceeds  of  a 

homestead  are  exempt. 

Makuikd  Woken.— The  real  and  personal  property  of  any  married  female  shall  not 
be  subject  to  the  disposal  ol  her  husband,  or  be  liable  for  his  debts,  but  shall  be  her  Bole 
iparate  property,  as  If  she  were  unmarried.  Any  married  female  may  receii  e  by 
Inheritance,  or  by  gift, grant,  devise,  or  bequest  from  any  person  except  tier  husband, 
and  hold  to  her  sole  and  separate  use  and  convey  and  devise  the  same  a  married 
woman  has  the  right  to  transact  business  In  her  own  name  and  not  be  subject  toiler 
husband's  control  or  Interference,  OT  liable  for  his  debts,  if  her  husband  desert  her,  or 
for  any  cause  neglects  or  refuses  to  provide  for  her  support  or  for  t  be  support  and  educa- 
tion Of  her  children.  Every  married  woman  may  sue  and  be  sued  In  her  own  name,  in 
regard  to  ber  separate  property  or  business,  and  a  Judgment  may  be  rendered  ags 
her  and  enforced  against  ner  separate  property.  Any  married  women  may  sue  in  ber 
own  name'  for  any  injury  to  her  person  or  character,  and  in  act  ions  between  herself  ;in  : 
her  husband. 

Mechanics'  Likns.— Every  person  furnishing  labor,  materials,  or  machinery,  in  the 
erection,  construction,  repair,  protection,  or  removal  of  anj  building,  bridge,  wat< 
wharf,  well,  or  fountain,  may  have  a  lien  thereon  to  the  extent  of  forty  acres,  or  within 
the  limits  of  an  Incorporated  city  or  village,  one-quarter  acre.    A  elalm  for  hen  must  be 

filed  with  t  be  clerk  of  the  circuit  court  wit  bin  six  months  from  the  date  of  the  last  charge, 
and  action  brought  within  one  year  from  such  date,  unless,  within  thirty  days  i 
the  expiration  or  the  year,  the  time  is  extendad  for  another  year,  by  annexing  to  the 
claim  on  file  an  affidavit  showing  the  interest  of  the  claimant  in  the  property  by  virtue 
Of  such  lien. 

Sub-contractors  have  a  similar  lien  to  the  extent  of  amount  due  from  owner  to  con- 
tractor. If  claim  is  filed  within  sixty  days  after  the  last  charge. 

MORTGAGES.— Mortgages  are  executed  the  same  as  deeds. 

Wills.— Every  person  of  full  age.  and  any  married  woman  of  the  age  of  eighteen  years, 
may  dispose  of  his  or  her  property  by  a  last  will  and  testament  in  writing.  No  will, ex- 
cept a  nuncupative  will  is  valid  unless  it  bo  in  writing,  and  signed  by  the  testator,  or  by 
some  person  in  his  presence,  and  by  his  express  direction,  and  attested  and  subscribed 
in  the  presence  of  the  testator  by  two  or  more  competent  witnesses. 


WYOMING: 

An  Indian  word  signifying  "  Large  Plains."  Original  settlements 
the  trading  posts  of  Forts  Laramie  and  Bridger.  Part  of  the  so-called 
"Louisiana  Purchase"  ceded  hy  France  in  1S03  to  the  United  States. 
Included  within  Territory  of  Nebraska.  Separated  from  Nebraska 
and  organized  as  a  Territory  July  25,  1SG8. 

Area:  In  Bquare  miles,  97. 880;  in  acres,  62,645,120.  Average  alti- 
tude, 4,800  feet. 

Counties,  10. 

Cheyenne  the  capital :  population.  .",.  156. 

Temperature:  At  Cheyenne,  in  winter,  23°  to  33°;  in  summer,  63° 
to  G9°.     Rainfall,  15  inches. 

Population  estimated  at  85,000. 

Farming  an  important  and  increasing  industry,  but  depends  Lrreatlv 
upon  water  artificially  applied.  Great  progress  in  building  irriga- 
tion canals.  Crops:  Wheat,  oats,  barley,  and  rye;  also  vegetablee 
of  the  richest  flavor.  Potatoes  an  abundant  crop.  Oats,  the  staple 
crop,  reached,  in  1880,  GO  bushels  to  the  acre,  weighing  40  pounds  to 
the  bushel.  Oat  straw  valuable  as  winter  feed  lor  cattle.  Excellenl 
hay  of  timothy  and  alfalfa,  cropping  two  and  three  times  a  year,  and 
one  ton  being  worth  2  or  3  tons  of  ordinary  western  prairie  haw 


MATTHEWS'S   GUIDE.  101 

Lands  abundant.     Soil  rich,  crops  plentiful,  and  farming  possibilities 
very  great. 

Agricultural  Statistics  : 

No.  of  farms  (1880),  457;  total  land  in  farms,  124,433  acres;  improved 
land  in  farms,  83,122  acres. 

Total  value  of  farms,  $835,395. 

Farm  products — crop  of  1880:  Wheat:  Product,  63,000 bushels ;  area  in  crop 
3,339  acres;  average  yield  per  acre,  18.9  bushels;  value  per  bushel,  70  cents 
total  valuation,  $44,100.  Oats:  Product,  86,000  bushels  ;  areain  crop,  2,756  acres 
average  yield  per  acre,  31.2  bushels  ;  value  per  bushel,  55  cents  ;  total  valuation, 
$47,300. 

Potatoes:  Product,  124,000  bushels;  area  in  crop,  L,293  acres;  average  yield 
per  acre,  96  bushels  ;  value  per  bushel,  75  cents  ;  total  valuation,  $93,000. 

Hay :  Product,  100,045  tons  ;  area  in  crop,  93,500  acres ;  average  yield  per  acre, 
1.07  ton  ;  value  per  ton,  $11 ;  total  valuation,  $1,100,495. 

Total  area  in  crop,  100,888  acres. 

Total  value  of  crop,  $1,284,895. 

Wages  of  farm  labor  per  month  by  the  year:  Without  board,  $37;  with 
board,  $25.  Day  wages  in  harvest:  Without  board,  $2;  with  hoard.  $1.30. 
Day  wages  of  ordinary  farm  labor :  Without  board,  $1.50 ;  with  board,  $1.10. 

Farm  animals,  January  1,  1S88:  Horses:  Number,  99,000;  average  price, 
$43.80 ;  value,  $4,336,279.  Mules :  Number,  2,936 ;  average  price,  $77.64  ;  value, 
$227,964.  Milch  cows:  Number,  6,994;  average  price,  $35;  value,  8244,790. 
Oxen  and  other  cattle :  Number,  1,230,192:  average  price,  $19.11 ;  value,  $23,504,- 
60.">.     Hogs :  Number,  2,613 ;  average  price,  $6.64  ;  value,  $17,358. 

Sheep:  Number,  523,340 ;  average  price,  $2.08 ;  value,  $1,089,855. 

Wool  clip  (1880),  691,650  pounds. 

Dairy  products  (18S0) :  Milk,  75,343  gallons ;  butter,  105,643  pounds  ;  cheese, 
2,030  pounds: 

Live  stock  raising  (cattle,  horses,  and  sheep)  heretofore  the  prin- 
cipal industry.  Grazing  area  very  large.  Horse  raising  very  impor- 
tant. Many  large  horse  ranches — horses  bred  for  the  saddle,  the  farm, 
the  road,  the  dray,  the  carriage,  and  the  race  track. 

Wyoming  Stock  Growers'  Association  represents  2,000,000  cattle, 
over  1,000,000  horses,  and  several  hundred  thousand  sheep,  valued  in 
all  as  worth  $100,000,000.  But  much  capital  heretofore  invested  in 
cattle  raising  now  diverted  to  the  raising  of  farm  products. 

Manufactures  (1880) : 

Number  of  establishments,  57 ;  capital,  $364,373  ;  average  number  of  hands 
employed,  391 ;  total  wages  paid  per  annum,  $187,798 ;  value  of  materials, 
$601,214. 

Value  of  products:  Iron  and  steel,  $491,345  ;  all  other  industries,  $407,149. 

Total  value  of  products  of  manufactures  in  1S80,  $898,494. 

Works  for  the  manufacture  of  window  glass  at  Laramie  city  a  great 
pecuniary  success.  Soda,  limestone,  and  sand,  all  the  necessary  in- 
gredients for  the  manufacture,  in  inexhaustible  quantities,  at  very  door 
of  factory.     All  the  West  open  as  a  market  for  the  glass. 

Mining  progressing.  Regions  rich  in  copper,  silver,  mica,  and  iron. 
Gold  in  paying  quantities  found  at  South  Pass  and  Douglas  Creek. 

Rich  in  coal  beyond  computation.  Coal  found  everywhere,  and  of 
a  very  excellent  bituminous  quality. 

Bituminous  coal  output  of  1887,  1,170,318  tons. 


102  MATTHEWS8    GUIDE. 

Largest  coal  mines  those  worked  by  the  Union  Pacific  Railroad 
Company,  of  which  the  Rock  Spring  is  best,  although  all  mined  in 
the  Territory  excellant  heating  and  steam  coal. 

Oil  fields  richest  in  the  world. 

Estimated  area  of  coal  fields,  30,000  square  miles. 

The  Laramie  Chemical  Works  in  operation  for  years,  and  doing 
a  large  business. 

Dailv  product,  32,800  pounds  of  concentrated  lye,  caustic  soda,  Boda  ash,  and 

salt  cake 

Soda,  all  sodium  salts  exclusive  of  common  salt,  very  purr  soda, 
in  inexhaustible  bodies,  and  destined  to  become  of  great  commer- 
cial value. 

Common  sail  in  (rook  county. 

Various  rock  species  in  abundance:  granite,  grey,  brown,  and  red  ; 
beautiful  marble,  resembling  Italian  marble,  of  the  purest  and  finest 
quality  and  of  every  variety,  pure  white,  black,  pink,  gray,  -potted. 
and  Bprangled;  limestone:  sandstone,  white,  gray,  and  red;  slate-. 
etc.     Brick  clay  in  all  part-  of  the  country. 

Not  a  timber  country.  Healthy  growth  of  large  pine  timber  in 
some  places  on  mountains,  but  as  a  rule  trees  small  and  forests  light, 
except  in  region  around  Yellowstone  National  Park.  Timber  on 
mountain  sides  difficult  to  get  at. 

Railroads,  June  30, 1887 :  Mileage,  833.30 ;  b  »tal  I  rack,  866.62  miles ;  locomo- 
tives, 40;  total  revenue  care,  1,196. 

Yellowstone  National  Park  located  in  Territory. 

Public  schools  rank  first  class  ;  average  attendance  fair.  University 
at  Laramie  city. 

Insane  asylum  at  Evanston,  and  blind,  deaf,  and  dumb  asylum  at 
Cheyenne.    Poor  asylum  at  Lander. 

Assessed  valuation  of  property,  832,089,613. 

Territorial  and  congressional  elections  Tuesday  after  first  Monday 
in  November;  Senators,,  12— representatives,  24  ;  biennial  sessions  ol 
legislature  in  even  numbered  years,  meeting  second  Tuesday  in  Janu- 
ary; limit  of  Bession,  60days;  terms  of  Senator- and  representatives, 
2  years. 

Legal  interest  rate,  12  percent;  by  contract,  any  rate. 

Territorial  Laws  is  Relation  to  Deeds,  Dower,  De»  bnt  am.  Dktribi  tion  oi 

Property, Married  Women,  Mechanics'  Liens, Mortgages,  \m>  Wills. 

Deeds- Conveyances  of  land,  or  of  any  estate  or  Interesl  therein,  maybe  made  by 

deed  slimed  and  Bealed  by  the  grantor,  or  i>y  his  Lawful  agent  or  attorney  and  acknowl- 

edeed  or  Droved  and  recorded.    Bnchdeed  must,  If  executed  within  this  territory,  to 

a.-ii  in  the  presence  of  one  witness,  who  shall  subscribe  his  name  to  the  same  as 

Midi-  and  any  person  executinga  deed  or  mortgage  may  acknowledge  the  »ame  before 

Bny  fad r  commissioner  of  a  court  of  record,  or  before  any  notary  publlcorjustlceol 

^Ir^dwd'oVmorK^snall secuted  In  any  other  State,  Territory  or  District  of 

the  United  Btates,  the  same  may  be  executed  according  to  the  lawsof  such  Btate,  Terri- 
tory or  District,  by  any  officer  authorized  by  the  tawsoTsuch  State,  Territory,  or  District 

to  take  the  acknowledgment  of  deeds  or  mortgages  therein,  or  before  any unlssloner 

appointed  by  the  governor  of  this  Territory  for  that  purpose     in  the  case  where  dee<ta 
or  mortgages  are  executed  and  acknowledged  out  of  the  Territory,  unless  theacknowL 


MATTHKWSS    GUIDE. 


103 


ed^ment  is  taken  before  a  commissioner  appointed  by  the  governor  of  this  lemtory  for 
that  purpose  such  deed  or  mortgage  shall  have  attached  thereto  a  certificate  of  the  clerk 
or  other  proper  certifying  officer  of  a  court  of  record  of  the  county  or  district  within 
which  such  acknowledgment  was  taken,  under  the  seal  of  his  office,  that  the  person 
whose  name  is  subscribed  to  the  certificate  of  acknowledgment  at  the  date  thereof  was 
such  officer  as  lie  is  therein  represented  to  be,  that  he  knows  the  signature  oi  such  person 
subscribed  thereto  to  be  genuine,  and  that  the  deed  or  mortgage  is  executed  according  to 
the  laws  of  such  State,  Territory  or  District. 

The  execution  of  deeds  must  be  acknowledged  in  all  cases.  Proof  of  execution  will 
not  answer  in  lieu  of  acknowledgment.  ' 

Trust  Deeds— For  securing  debts,  or  to  indemnify  sureties,  are  provided  for  by 

Descent  and  Distribution  of  Property.— If  the  estate  does  not  exceed  ten  thou- 
sand dollars  after  payment  of  debts,  and  if  the  intestate  leaves  a  surviving  husband  or 
wife  and  no  children  nor  descendants  of  children,  three-fourths  goes  to  the  surviving 
wife  or  husband  and  one-fourth  to  the  lather  or  mother  of  the  intestate  or  to  their  de- 
scendants. If  the  intestate  leaves  a  surviving  wife  or  husband  and  surviving  children, 
one-half  goes  to  the  wife  or  husband  and  one-half  to  the  surviving  children  or  to  their 

deDow»R -Bv  act  of  Congress  the  widow  is  endowed  of  a  third  part  of  all  the  lands 
whereof  her  husband  was  seized  of  an  estate  of  inheritance  at  any  time  during  the  mar- 
riage unless  she  shall  have  lawfully  released  her  right  thereto. 

Exemptions  -Every  householder  being  the  head  of  a  family  is  entitled  to  a  home- 
stead  not  exceeding  in  value  fifteen  hundred  dollars,  exempt  from  execution  or  attach- 
ment for  any  debt,  contract,- or  civil  obligation,  while  such  homestead  is  actually  occu- 
pied as  such  by  the  owner  thereof,  or  his  or  her  family.  The  homestead  may  consist  of 
a  house  and  lot  or  lots  in  any  town  or  city,  or  a  farm  ot  not  more  than  one  hundred  and 
sixtv  acres  The  owner  of  a  homestead  may  mortgage  the  same,  but  such  mortgage  shall 
not  be  binding  against  the  wife  of  a  married  man  who  may  be  occupying  the  premises 
with  him  unless  she  shall  freely  and  voluntarily  acknowledge  and  sign  the  same  and 
the  officer  taking  such  acknowledgment  shall  fully  apprise  her  ot  her  rights  and  of  the 

eWB^iiel^eiom^S^boye  mentioned,  the  wearing  apparel  of  every  person  is  ex- 
empt from  judicial  or  ministerial  process;  also  the  following  property  when  owned  by 
any  person  being  the  head  of  a  family  and  residing  with  the  same,  to  wit:  the  family 
Mb^  pictures,  and  school  books;  a  lot  in  any  cemetery  or  burial  ground;  furniture, 
beddine  provisions,  and  such  other  articles  as  the  debtor  may  select,  not  to  exceed  in 
all  the  value  of  five  hundred  dollars,  to  be  ascertained  by  the  appraisement  of  three  dis- 
interested householders;  provided  that  no  personal  property  ot  any  person  about  to  re- 
move oiabsconu  from  the  Territory  shall  be  exempt.  The  tools,  team  and  implements 
or  stock  in  trade  of  a  mechanic,  miner,  or  other  person,  and  used  and  kept  ioi  thepui- 
pose  of  carrying  on  his  trade  or  business,  is  exempt  to  a  value  not  exceeding  three  hun- 
dred dollars ;  also  the  library,  instruments,  or  implements  of  any  professional  man,  not 
to  exceed  in  value  three  hundred  dollars.  The  person  claiming  exemption  must  in  all 
cnies  he  a  bona  tide  resident  of  the  Territory.  , 

Married  Wo"iex  -The  rights  of  a  married  woman  in  this  Territory  are  very  nearly 
the  same  as  those  of  an  unmarried  woman,  as  respects  her  property,  both  real  and  per- 
sona? She  may  make  a  will,  sue  and  be  sued,  make  contracts,  carry  on  a  trade  or  busi- 
nessretain  her  own  earnings,  and  hold  property,  real  or  personal  with  the  rents  and 
Mofitsof  the  same  in  her  own  name,  free  from  the  control  or  interference  of  her  hus- 
bandthe  same  at  though  she  were  sole  and  unmarried.  And  her  property  is  exempt 
from  execution  or  attachment  for  the  debts  of  her  husband.  . 

Mechanics'  LiENS.-Auy  person  performing  labor  or  furnishing  materials,  fixtures, 
or  michmery  for  any  building,  erection  or  improvement  on  land,  or  for  repairing  the 
sanTe may  have  a  1  en  on  the  End  to  the  extent  of  one  acre,  or  if  in  a  city,  town  or  vil- 
lage, on  the  lot  on  which  the  building  is  situated.  Every  original contractor wrthinsixty 
d-fvs  and  everv  sub-contractor,  journeyman,  or  laborer  within  twenty  days,  after  m- 
ffiedness ^accrues  must  file  w  f  i  the  register  of  deeds  of  the  county,  an  account  under 
oath  of  tbe^mount dne  after  allowing  for  credits,  a  description  of  the  property,  and 
name  of  ownlrand  contractor  if  known!  Persons  other  than  original  contractors  must, 
ten  day*  before  filing  lien,  give  written  notice  of  the  claim  and  amount  thereof.    Pro- 

^^SS^^p^Vr^^S^"^*  may  dispose  of  his  property  by  will 
All  willftobe  valid must  be  in  writing,  witnessed  by  two  competent  witnesses,  and 
stemldbv  the  testator  -m caused  to  be  signed  by  him  in  his  presence.    Any  person  hav- 

annexed  thereto,  and  every  will  so  certified,  its  record  or  transci  ipt,  may  be  ieaa  in  e\ 
dence  in  all  courts. 


THE  PUBLIC  DOMAIN, 


-OE 


PUBLIC  LANDS. 


MATTHEWS'S    GUIDE. 


107 


Untied  States  Land  Offices. 


ALABAMA. 

Ilnntsville. 

Montgomery. 
ALASKA. 

Sitka. 
ARKANSAS. 

Little  Rock. 

Camden. 

Harrison. 

Dardanelle. 
ARIZONA. 

Prescott. 

Tucson. 
CALIFORNIA. 

San  Francisco. 

Marysville. 

Humboldt. 

Stockton. 

Visalia. 

Sacramento. 

Los  Angeles. 

Shasta. 

Susanville. 

Independence. 
COLORADO. 

Denver  City. 

Leadville. 

Central  City. 

Pueblo. 

Del  Norte. 

Montrose. 

Gunnison. 

Durango. 

Glenwood  Springs. 

Lamar. 


DAKOTA. 

Mitchell. 
Devil's  Lake. 

Watertown. 

Fargo. 

Yankton. 

Bismarck. 

Deadwood. 

Aberdeen. 

Grand  Forks. 

Huron. 
FLORIDA. 

Gainesville. 
IDAHO. 

Boise  City. 

Lewiston. 

Blackfoot. 

Hailey. 

Cceur  d'Alene. 
IOWA. 

Des  Moines. 
KANSAS. 

Topeka. 

Salina. 

Independence. 

Wichita. 

Kirwin. 

Concordia. 

Earned. 

Wa-Keeney. 

Oberlin. 

Gai'den  City. 
LOUISIANA. 

New  Orleans. 

Natchitoches. 


MICHIGAN. 

Grayling. 

Marquette. 
MINNESOTA. 

Taylor's  Falls. 

Saint  Cloud. 

Duluth. 

Fergus  Falls. 

Worthington. 

Tracy. 

Benson. 

Crookston. 

Redwood  Falls. 
MISSISSIPPI. 

Jackson. 
MISSOURI. 

Boonville. 

Ironton, 

Springfield. 
MONTANA. 

Miles  City. 

Helena. 

Bozeman. 
NEBRASKA. 

Neligh. 

Lincoln. 

O'Neill. 

Grand  Island. 

North  Platte. 

Bloomington. 

Valentine. 

Sidney. 

Chadron. 

McCook. 


NEVADA. 

Carson  City. 

Eureka. 
NEW  MEXICO. 

Santa  IV. 

Las  Cruces. 
OREGON. 

Oregon  City. 

Roseburg. 

Lo  Grand. 

Lakeview. 

The  Dalles. 

Drewsey. 
UTAH. 

Salt  Lake  City, 
WASHINGTON. 

Seattle. 

Vancouver. 

Walla  Walla. 

Spokane  Falls. 

Yakima. 
WISCONSIN. 

Menasha. 

Falls  of  Saint  Croix. 

Wausau. 

La  Crosse. 

Ashland. 

Eau  Claire. 
WYOMING. 

Cheyenne. 

Evanston. 

Buffalo. 


Note.— By  act  of  July  31, 1876,  the  land  offices  in  Ohio,  Indiana,  and  Illinois  were 
abolished ;  and  by  act  of  March  3, 1877,  the  vacant  tracts  of  public  land  in  Ohio,  Indiana, 
and  Illinois  are  made  subject  to  entry  and  location  at  the  General  Land  Office,  Wash- 
ington, D.  C. 


THE  PUBLIC  DOMAIN,  or  PUBLIC  LANDS. 


The  public  domain,  or  public  lands — the  property  of  the  nation,  and  subject 
to  legislative  control  and  disposition  by  Congress  alone — is  the  area  known  as 
public  lands  acquired  by  treaty,  capture,  cession  by  States,  conquest,  or  other 
acquisition  and  purchase,  and  lying  and  being  in  the  States  and  Territories 
below  enumerated.  The  fact  of  the  nation  owning  land  within  any  of  the  other 
States  not  enumerated  below  does  not  make  them  "public  lands;"  such  lands, 
■used  for  forts,  arsenals,  dock-yards,  post-offices^  court-houses,  hospitals,  or  any 
other  purpose  of  government,  are  not  public  lands  or  domain. 

NAMES  OP  PUBLIC  LAND  STATES  AND   TERRITORIES. 

The  public  lands  are  included  only  within  the  States  of  Alabama,  Arkansas, 
California,  Colorado,  Florida,  Illinois,  Indiana,  Iowa,  Kansas,  Louisiana,  Michi- 
gan, Minnesota,  Mississippi,  Missouri,  Nebraska,  Nevada,  Ohio,  Oregon,  Wiscon- 
sin, and  the  Territories  of  Arizona,  Dakota,  Idaho,  Montana,  New  Mexico,  Utah, 
AVashington,  and  Wyoming,  and  the  "Public  Land  Strip."  Alaska,  although 
public  domain,  has  not  as  yet  had  the  laws  extended  over  it  by  Congress. 
These  States  and  Territories,  with  the  exception  of  Ohio,  Indiana,  Illinois,  the 
"  Land  Strip,"  and  Alaska,  are  divided  into  land  districts,  in  each  of  which 
there  is  a  land  office  established  by  law,  with  a  register  and  receiver  in  attend- 
ance for  the  sale  or  other  disposal  of  the  public  lands  therein.  (See  sections 
223  !4  to  2247  of  the  Revised  Statutes  of  the  United  States ;  also  list  of  land  offices 
on  page  107.)  Information  regarding  public  lands  may  be  obtained  at  these 
'offices. 

Alaska  is  made  a  district  by  act  of  Congress  of  May  17, 1884  (23  Stats.,  24,), 
but  only  the  mineral  lands  therein  are  subject  to  disposal. 

METHODS  AND  SYSTEM   OP  LAND  PARCELING   SURVEYS. 

Preliminary  to  surveying  a  district,  a  surveying  meridian  and  base-line  must 
be  established. 

Geographical  positions  of  the  principal  surveying  meridians  and  base-lines. 

Since  the  adoption  of  the  rectangular  system  of  public  surveys,  May  30, 1785, 
certain  initial  points,  or  the  intersection  of  the  principal  bases  with  surveying 
meridians,  have  been  brought  into  requisition  to  secure  the  requisite  certainty 
and  brevity  of  description  in  the  transfer  of  public  lands  to  individual  owner- 
ship. From  the  principal  bases  townships  of  six  miles  square  are  run  out  and 
established,  with  regular  series  of  numbers  counting  north  and  south  thereof, 
and  from  the  surveying  meridians  a  like  series  of  ranges  are  numbered  both 
east  and  west  of  the  principal  meridians. 

During  the  period  of  ninety  years  since  the  organization  of  the  system  the 
following  numerical  and  independent  principal  meridians  and  bases  have  been 
initiated,  to  wit : 

The  first  principal  meridian  divides  the  States  of  Ohio  and  Indiana,  having  for  its 
base  the  Ohio  river,  the  river  being  coincident  with  84°  51'  of  longitude  west 
from  Greenwich.  This  meridian  governs  the  surveys  of  public  lands  in  the 
State  of  Ohio. 

109 


110  MATTIIEWS's    GUIDE. 

d  principal  meridian  coincides  with  86°  28/  of  longitude  west*  from 
awich,  starts  from  the  confluence  of  the  Little  Blue  river  with  the  Ohio, 
north  to  the  northern  boundary  of  Indiana,  and  governs  the  surveys  in 
Indiana  and  a  portion  of  those  in  Illinois. 

I  principal  meridian  starts  from  the  mouth  of  the  Ohio  river  and  ex- 
tendstothe  northern  boundary  of  the  State  of  Illinois,  and  governs  the  sur- 
veys in  said  state  east  of  the  meridian,  with  the  exception  of  those  projected 

from  the  second  meridian,  and  the  surveys  on  the   wot  to  the  Illinois  river. 
This  meridian  coincides  with  v.»J  l&  SO"  of  longitude  west  from  Greenwich. 

V  •  fowth  principal  meridian  begins  in  the  middle  of  the  channel  of  the  mouth 
of  the"  Illinois  rivev,  in  latitude  38° 68'  12"  north  and  longitude  90° 29' 5&" 
west  from  Greenwicn,  and  governs  the  surveys  in  Illinois  west  of  the  Illinois 
river  and  west  of  the  third  principal  meridian  lying  north  of  the  river.  It  also 
extends  due  north  through  Wisconsin  and  northeastern  Minnesota,  governing 
all  the  surveys  in  the  former  and  those  in  the  latter  State  Lying  east  of  the  Mis- 
sissippi and  the  third  guide  meridian  (west  of  the  fifth  principal  meridian) 
north  of  the  river. 

The  fifth  principal  meridian  starts  from  the  mouth  of  the  Arkansas  river,  and 
with  a  common  base-line  running  due  west  from  the  mouth  of  the  Saint  Francis 
river,  in  Arkansas,  governs  t lie  surveys  in  Arkansas, Missouri,  Iowa.  Minnesota 
west  of  the  Mississippi,  and  the  third  guide  meridian  north  of  the  river,  and 
in  Dakota  Territory  east  of  the  Missouri  river.  This  meridian  is  coincident 
with  90°  5S'  longitude  west  from  Greenwich. 

The  sixth  principal  meridian  coincides  with  longitude97°  22'  west  from  Green- 
wich, and.  with  the  principal  has. -line  intersecting  it  on  the  40th  degree  of 
north  latitude,  ex  tend-  north  to  the  intersection  of  the  Missouri  river  and  south 
to  the  37th  degree  of  north  latitude,  controlling  the  surveys  in  Kansas,  Ne- 
braska, that  part  of  Dakota  lying  south  and  west  of  the  Missouri  river,  Wyom- 
ing and  Colorado,  excepting  the  valley  of  the  Bio  ( Siande  del  Norte,  in  south- 
western Colorado,  where  the  surveys  are  projected  from  the  New  Mexico  meri- 
dian. 

In  addition  to  the  foregoing  six  principal  meridians  and  bases  governing  pub- 
lic Burveys,  there  have  been  established  the  following  meridians  and  hases,  viz : 

The  Michigan  mt  vidian,  in  longitude  84°  19'  09"  west  from  Greenwich,  with  a 
base-line  on  a  parallel  seven  miles  north  of  Detroit,  governing  the  surveys  in 
Michigan. 

The  TaUahasaee  meridian,  in  longitude  84°  IS'  west  from  Greenwich,  runs 
due  north  and  south  from»the  point  of  intersection  with  the  base-line  at  Talla- 
hassee, and  governs  tin-  surveys  in  Florida. 

I  Stephen's  meridian,  longitude  88°  02'  west  from  Greenwich,  starts 
from  Mobile,  passes  through  Saint  Stephen's, intersects  the  base-line  on  the  31st 
degree  of  north  latitude,  and  controls  the  surveys  of  the  southern  district  in 
Alabama  and  of  the  Pearl  river  district  lying  east  of  the  river  and  south  of 
township  10  north  in  the  state  of  Mississippi. 

UuntsmlU  meridian,  longitude  86°  31'  west  from  Greenwich,  extends  from 
the  northern  boundary  of  Alabama  as  abase,  passes  through  the  town  ofHunts- 
\  ilh-,  and  governs  the  surveys  of  the  northern  district  in  Alabama. 

The  Choctaw  meridian,  longitude 89°  10'  80"  west  from  Greenwich,  passes  two 
miles  west  of  the  town  of  Jackson,  in  the  state  of  Mississippi,  starting  from 
the  base-line  twenty-nine  mileSSOUthof  .Jackson,  and  terminating  OH  the  south 
boundary  of  the  Chickasaw  ce-sion,  controlling  the  surveys  east  and  west  of  the 

meridian  and  north  of  the  base. 

The  Washington  meridian,  longitude 91° 06'  west  from  Greenwich, seven  miles 
of  the  town  of  Washington,  in  the  state  of  Mississippi,  with  the  base-line 
corresponding  with  the  31st  degree  of  north  latitude,  governs  the  surveys  in 
the  southwestern  angle  of  the  state 

The  Saint  Helena  meridian,  91°  11'  longitude  west  from  Greenwich,  extends 
from  the  81*1  degree  of  north  latitude,  as  a  base,  due  south,  and  passing  one  mile 

east  of  baton  Bouge,  controls  the  surveys  in  the  <  rreensborOUgh  and  the  south- 
eastern  districts  of  Lousiana,  both  lying  ea»t  of  the* Mississippi. 


MATTHEWS  S    GUIDE.  Ill 

The  Louisiana  meridian,  92°  20'  west  from  Greenwich,  intersects  the  31st 
degree  north  latitude  at  a  distance  of  forty -eight  miles  west  of  the  eastern  bank 
of  the  Mississippi  river,  and,  with  the  base-line  coincident  with  the  said  paral- 
lel of  north  latitude,  governs  the  surveys  in  Louisiana  west  of  the  Mississippi. 

The  New  Mexico  meridian,  longitude  106°  52'  09"  west  from  Greenwich,  inter- 
sects the  principal  base-line  on  the  llio  Grande  del  Norte  about  ten  miles  be- 
low the  mouth  of  the  Puerco  river,  on  the  parallel  of  34°  19'  north  latitude, 
and  controls  the  surveys  in  New  Mexico,  and  in  the  valley  of  the  Rio  Grande 
del  Norte,  in  Colorado. 

The  Great  Salt  Lake  meridian,  longitude  111°  53'  47"  west  from  Greenwich, 
intersects  the  base-line  at  the  corner  of  Temple  Block,  in  Salt  Lake  city,  Utah, 
on  the  parallel  of  40°  46'  04//  north  latitude,  and  governs  the  surveys  in  the 
Territory  of  Utah. 

The  Boise  meridian,  longitude  116°  20'  west  from  Greenwich,  intersects  the 
principal  base  between  the  Snake  and  Boise  rivers,  in  latitude  43°  26/  north. 
The  initial  monument,  at  the  intersection  of  the  base  and  meridian,  is  nine- 
teen miles  distant  from  Boise  city,  on  a  course  of  south  29°  30/  west.  This 
meridian  governs  the  surveys  in  the  Territory  of  Idaho. 

1  he  Mount  Diablo  meridian,  California,  coincides  with  longitude  121°  54'  west 
from  Greenwich,  intersects  the  base-line  on  the  summit  of  the  mountain  from 
which  it  takes  its  name,  in  lattitude  37°  53'  north,  and  governs  the  surveys  of 
all  central  and  northeastern  California  and  the  entire  State  of  Nevada. 

The  San  Bernardino  meridian,  California,  longitude  116°  56/  west  from  Green- 
wich, intersects  the  base-line  at  Mount  San  Bernardino,  latitude  34°  06'  north, 
and  governs  the  surveys  in  southern  California  lying  east  of  the  meridian  and 
that  part  of  the  surveys  situated  west  of  it  which  are  south  of  the  eighth  standard 
parallel  south  of  the  Mount  Diablo  base-line. 

The  Humboldt  meridian,  longitude  124°  ll7  west  from  Greenwich,  intersects  the 
principal  base-line  on  the  summit  of  Mount  Pierce,  in  latitude  40°  25/  30//  north, 
and  controls  the  surveys  in  the  northwestern  corner  of  California  lying  west  of 
the  coast  range  of  mountains  and  north  of  township  5  south  of  the  Humboldt  base. 

The  Willamette  meridian  is  coincident  with  longitude  122°  44'  west  from  Green- 
wich, its  intersection  with  the  base-line  is  on  the  parallel  of  45°  SO'  north  lati- 
tude, and  it  controls  the  public  surveys  in  Oregon  and  Washington  Territory. 

The  Montana  meridian  extends  north  and  south  from  the  initial  monument 
established  on  the  summit  of  a  limestone  hill,  eight  hundred  feet  high,  longi- 
tude 1110  40'  54"  west  from  Greenwich.  The  base-line  runs  east  and  west  from 
the  monument  on  the  parallel  of  45°  46'  27//  north  latitude.  The  surveys  for 
the  entire  Territory  of  Montana  are  governed  by  this  meridian. 

The  Gila  and  S<dl  River  meridian  intersects  the  base-line  on  the  south  side  of 
Gila  river,  opposite  the  mouth  of  Salt  river,  in  longitude  112°  15' 4(i"  west  from 
Greenwich,  and  latitude  32°  22'  57"  north,  and  governs  the  public  surveys  in 
the  Territory  of  Arizona. 

The  Tndian  meridian  intersects  the  base-line  at  Fort  Arbuckle,  Indian  Terri- 
tory, in  longitude  97°  15'  50"  west  from  Greenwich,  latitude  34°  31'  north,  and 
governs  the  surveys  in  that  Territory. 

Since  June  30,  1SS0,  the  following  additional  surveying  meridians  and  base- 
lines have  been  ordered  or  established  : 

The  Wind  river  meridian  governs  the  subdivisional  surveys  within  the  Sho- 
shone Indian  Reservation,  in  the  Territory  of  Wyoming. 

The  Uinta  special  base  and  meridian  govern  the  surveys  of  the  Uinta  Indian 
reservation,  in  the  Territory  of  Utah. 

The  Navajoe  special  base  and  meridian  controls  the  surveys  of  the  Navajoe 
Indian  reservation,  in  the  Territories  of  New  Mexico  and  Arizona. 

The  Black  Hills  meridian  is  coincident  with  the  west  boundary  of  the  Terri- 
tory of  Dakota,  on  the  27°  of  longitude  west  from  Washington,  and  intersects 


112  MAM  HEWS  .-    GUIDE. 

the  base-line  in  the  parallel  of  44°  north  latitude;  it  governs  the  surveys  in  the 
southwestern  corner  of  the  Territory  named. 

The  Grand  river  meridian  and  base-line  governs  the  subdivisional  surveys 
fin*  allotment  to  the  CTte  Indians,  in  Western  Colorado. 

I  Cimarron  meridian  will  be  coincident  with  the  eastern  boundary 
of  the  Territory  of  New  Mexico,  or  103°  meridian  of  longitude  wesl  from  Green- 
wich, and  intersects  the  base-line  on  the  parallel  ■>''>°  Sir  north  latitude,  or  the 
m»rth  boundary  of  the  state  of  Texas,  and  will  govern  the  proposed  Burveys  in 
the  strip  of  public  land-  inclosed  between  the  States  of  Kansas  and  Colorado  on 
the  north,  the  Indian  Territory  on  the  east,  the  State  of  Texas  on  the  south, 
and  the  Territory  el' New  .Mexico  on  the 

EXECUTION  OF  BURVEYS. 

The  United  State-  surveyor-general  for  the  district  enters  into  contract  with 
a  deputy  surveyor,  after  being  commissioned,  tor  the  survey  of  either  stand- 
ards, townships,  or  subdivisions.  The  contract  specifies  the  localities  where 
surveys  are  to  be  made,  duration  of  the  time  within  which  the  work  is  to  be  re- 
turned, the  price  of  survey  per  lineal  mile,  including  all  contingent  expj 
to  be  borne  by  the  deputy  surveyor,  who  is  required  to  execute  the  work  in  his 
own  proper  person,  sub-contracting  being  illegal,  and  the  contract  must  be  ap- 
proved by  the  Commissioner  of  the  General  Land  Oliice. 

The  lines  of  public  surveys  over  level  ground  are  measured  with  a  four-pole 
chain,  sixty  feet  in  length",  SO  chains  constituting  one  lineal  mile,  but  with  a 
two-pole  chain  where  the  features  of  the  country  are  broken  and  hilly.  The 
lines  thus  chained  are  marked  through  timber  land  by  chops  on  line-trees  on 
and  in  the  absence  Of  such  trees  those  standing  nearest  the  survey  on 
both  -ides  are  blazed  diagonally  toward  the  line  run.  Trees  standing  at  the 
precise  spot  where  legal  corners  are  required  arc  made  available.  If  no  such 
trees  are  there,  then  the  corners  are  perpetuated  by  posts  or  stone-,  with  in- 
scriptions, and  the  positions  of  the  same  are  indicated  by  witness  tree-  or 
mounds,  the  angular  bearings  and  distances  from  the  corner  being  ascertained 
and  described  in  the  field-notes.  The  lines  intersecting  navigable  Btreams,  the 
area  of  which  are  excluded  from  sale,  require  the  establishment  of  meander 
corner  posts,  the  courses  and  distances  on  meandered  navigable  streams  gov- 
erning the  calculations  from  which  the  true  contents  of  fractional  lots  are  com- 
puted and  expressed  in  township  plats.  Township  corner-posts,  or  stones  com- 
mon to  four  townships,  are  set  diagonally,  properly  marked  with  six  notches 
on  each  of  the  four  angles  set  to  the  cardinal  points  of  the  compass;  and 
mile  posts  on  township  lines  are  marked  with  as  many  notches  on  them  as 
they  are  miles  distant  from  the  township  corners  respectively  ;  the  four  -ides 
of  the  township  and  section  posts,  which  are  common  to  four  townships  or  sec- 
tions, are  marked  with  the  corresponding  number  of  sections. 

Tie-  principal  meridian,  base,  standard  and  guides  having  been  first  measured 

and  marked, and  the  corner  boundaries  thereon  established,  the  processof sur- 
veying and  marking  the  exterior  lines  of  townships,  north  and  south  of  the 
base,  and  east  and  west  of  the  meridian,  within  those  standard  Lines,  is  pro- 
d  with. 
The  public  lands  are  first  surveyed  into  rectangular  tracts,  according  to  the 
true  meridian,  noting  the  variation  of  the  magnetic  needle.  Thesetracts  are 
called  townships,  each  six  miles  square,  having  reference  toan  established  prin- 
cipal base-line  on  a  true  parallel  of  latitude,  and  to  Longitude  styled  principal 
meridian.  Any  series  of  contiguous  townships,  north  or  south  of  each  other, 
constitutes  a  range ;  the  townships  counting  from  the  base,  cither  north  or 
south,  and  the  ranges  from  the  principal  meridian,  either  east  or  west.  _  Each 

township  i-1  subdivided  into  .'Hi  sections  of  one  mile  square,  or  640  acres ;  in  all, 

23,040  acres.    The  "sections  being  numbered,  respectively,  beginning  with  the 
number  one  in  the  northeast  section  and  pro.,,  ding  west  and  east  alternately. 


MATTHEW*  S    GUIDE. 


113 


through  the  township,  with  progressive  numbers  till  the  36th  be  completed," 
;is  shown  by  the  following  diagram: 


6 

7 

18 

19 

30 

31 

5 

8 
17 
20 

29 
32 

4 
9 

16 
21 

28 
33 

10 
15 
22 
27 
34 

2 

11 

14 

23 

26 

35 

1 

12 
13 

24 
25 
36 

In  establishing  and  surveying  a  base-line  from  the  initial  point  east  and  west, 
quarter-section,  section^  and  township  corners  are  established  at  every  40,  80, 
and  480  chains,  respectively,  which  are  for  sections  and  townships  lying  north 
of  the  base,  and  not  for  those  situated  south. 

In  surveying  the  principal  meridian  north  and  south  of  the  initial  point, 
similar  corners  are  established,  which  are  common  for  townships  lying  imme- 
diately east  or  west.  Standard  parallel  or  correction  lines  are  run  east  and 
west  from  the  principal  meridian  with  similar  character  of  corners  as  on  the 
principal  base  and  meridian,  and  constitutes  special  bases  for  township  lines 
lying  north  thereof,  the  correction  lines  being  run  and  marked  at  every  four 
townships,  or  24  miles  north  of  the  base,  and  at  every  five  townships,  or  30 
miles  south  of  the  same. 

Guide  meridians  are  surveyed  at  distances  of  every  eight  ranges  of  townships, 
or  48  miles  east  and  west  of  the  principal  meridian ;  the  guides  north  of  the 
principal  base  starting  either  from  it  or  from  standard  parallels.  They  are 
closed  by  meridional  lines  on  other  standard  parallels  immediately  north, 
while  those  lying  south  of  the  principal  bases  start  in  the  first  instance  from  the 
first  standard  parallel  south,  and  are  closed  by  meridional  lines  on  the  princi- 
pal base.  Then  the  guides  begin  on  the  second  standard  parallel  south,  and 
close  on  the  first  standard  parallel  south,  again  starting  from  the  third  stand- 
ard parallel  south,  and  closing  on  the  second  standard  parallel  south,  and  so 
on.  The  closing  corners  on  the  principal  base  and  standard  parallel  are  estab- 
lished at  points  of  convergency  of  the  meridians,  which  occasion  a  double  set 
of  corners  on  the  principal  base  and  correction,  or  standard  parallels,  styled 
"  standard  corners  "  and  "  closing  corners."  This  process  requires  offsetting  of 
the  guide  meridians  to  the  extent  of  the  convergency  of  the  meridians  on  each 
of  the  standard  parallels  and  bases. 

The  principal  base,  principal  meridian,  standard  parallels,  and  guide  merid- 
ians, constitute  a  framework  of  the  rectangular  system  of  public  surveys.  Within 
these  limits  any  errors  are  avoided  which  otherwise  would  result  from  adher- 
ing to  the  surveys  made  as  the  law  directs,  to  the  true  meridian,  in  consequence 
of  the  convergency  of  meridians  and  of  measurement  over  uneven  surfaces. 

The  surveys  of  the  standard  lines  are  made  with  instruments  operating  in- 
dependently of  the  magnetic  needle,  the  magnetic  being  noted  solely  to  show 
the  true  variation.  These  lines  divide  the  sphere  of  field  operations  into  paral- 
lelograms of  48  by  24  miles  north  of  the  principal  base,  and  48  by  30  miles  south, 
the  convergency  of  the  meridians  in  the  former  instance  being  greater  than  in 
the  latter. 

The  parallelograms  formed  by  meridians  and  parallels  are  in  their  turn  sub- 
divided into  townships,  and  the  latter  ultimately  into  sections  with  an  ordi- 
nary but  perfectly  adjusted  compass.    These  parallelograms  also  serve  to  con- 


114  matthewb'b  '.TIDE. 

nect  distant  surveys  from  those  progressing  regularly  from  the  initial  point,  if 
fir-t  required,  for  the  convenience  of  remote  settlements  or  other  consider- 
. 

The  township  lines  start  from  the  standard  corners,  pre-estahlished  on  the 
principal  I  tandard  or  correction  parallels,  and  are  surveyed  to  th< 

ired  within  each  parallelogram.    On  those  lines  quartcr-sei 
tion,  and  township  corners  are  fixed  to  govern  the  Buhdivisional  work  of  the 
ctions. 
tfont  mile  square  are  the  smallest  tracts,  the  out-boundari 
which  the  law  requires  to  be  actually  surveyed.    Their  minor  subdivisi 

•e'.itcd  in  lines  drawn  on  the  township  plats,  are  not  surveyed  and 
marked  in  the  field.  They  are  defined  by  law,  and  the  surveyors-general, 
in  protracting  township  plats  from  the  field-notes  of  sections,  merely  designate 
them  in  red  ink,  the  lines  being  imaginary,  connecting  opposite  quarter-section 
corners  in  each  section  from  south  to  north,  and  from  east  to  west,  thereby  divid- 
ing sections  into  four  quarter-sections  of  160  acres  each,  and  these,  in  their 
turn,  into  quarter-quarter-sections  of  40-acre  tracts,  by  imaginary  lines,  Btarting 
from  the  equidistant  points  between  the  section  and  quarter-section  corners  to 
similar  points  on  the  opposite  sides  of  the  section. 

Each  section  containing  G40  acres,  subdivided  into  legal  subdivisions,  affords 
forty  different  descriptions,  susceptible  of  being  disposed  of  to  purchasers  or 
settlers,  from  (>10-acrc  tracts  to  40-acre  parcels. 

This  convenient  mode  of  subdividing  sections  with  a  view  to  economy  and 
to  facilitate  sales  of  small  tracts,  although  not  actually  marked  on  the  ground 
by  metes  and  bounds,  yet  under  laws  OI  Congress  are  susceptible  of  demarka- 
tion  by  any  surveyor  in  the  different  States  and  Territories  in  accordance  with 
the  field  notes  of  the  original  survey  made  by  United  States  officers. 

The  instruments  employed  in  the  held  work  by  United  States  surveyors 
consist  of  solar  compasses,  transits,-- and  common  compasses  of  approved  con- 
struction; four-pole  chain-  and  two-pole  chains,  of  100  and  50  links,  respec- 
tively, each  link  of  the  chain  being  equal  to  7.02  inches.  The  surveyor's  chains 
red  with  standard  chains  and  standard  yard  measures  furnished 
Burv  ral  by  the  government.     The  measurement  of  the  lines  of  public 

surveys  is  horizontal,  requiring  shortening  of  the  chain  over  abrupt  and  undu- 
lating surface ;  the  navigable  lakes  and  water  courses  are  segregated  from  the 
land,  the  same  being  declared  by  law  public  highways  and  not  subject  to  sale. 

SPECIAL  SURVEYS  MADE  OX   PRIVATE   APPLICATION. 

Under  sections  2401  to  2403,  Revised  Statutes  United  States,  and  supplemen- 
tal enactments,  settlers  in  any  township  on  the  public  domain,  not  mineral  or 
red,  and  unsurveyed,can  make  application  to  a  surveyor-general  forasur- 

which  is  done  in  the  manner  above  set  out— accompanied  by 

a  certificate  of  deposit  from  a  United  States  depositary,  covering  the  amount 
try  to  pay  for  the  same.  The  lands  are  then  surveyed  and 
duly  returned.  The  triplicate  certificate  of  deposit  retained  by  the  settlers 
is  received  at  the  various  district  land  offices  in  payment  for  lands  under  the 
pre-emption  and  homestead  laws. 

MANNER   IN    WHICH    rUBLIC   LANDS   MAY    HE   DISPOSED   OF. 

In  reply  to  a  communication  of  Hon.  William  S.  Ilolman,  chairman  of  the 
Bouse  Committee  on  Public  Lands,  Commissioner  Stockslagerj  of  the  General 
Land  Office,  reported  the  following  "synopsis  of  the  manner  in  which  public 
kinds  may  now  be  disposed  of: " 

1.  At  public  sale  to  the  highest  bidder,  by  proclamation  of  the  President, 
or  after  public  notice  by  order  of  the  Commissioner  of  the  <  teneral  Land  office. 
(Sections  2353  and  2455,  U.  S.  Revised  Statutes.)  Minimum  price,  $1.26  per 
acre,  or  $2.50  per  acre,  as  the  case  may  be.  (Section  2357,  U.  S.  Revised  Stat- 
utes.) 


MATTHEWS'S    GUIDE.  115 

2.  At  private  entry  at  same  minimum,  under  section  2357,  U.  S.  Revised  Stat- 
utes. 

3.  By  pre-emption,  under  sections  2257  to  2288,  U.  S.  Revised  Statutes,  same 
minimum  price. 

4.  By  homestead,  under  sections  2289  to  2312,  U.  S.  Revised  Statute?,  with 
nominal  fee  and  commissions,  or  when  commuted  to  cash  entry,  then  the  mini- 
mum prices  aforesaid,  under  section  2357,  U.  S.  Revised  Statutes.  Also,  "addi- 
tional homesteads "  allowed  in  certain  cases  underacts  of  March  3,  1879.  and 
July  1,  18/9,  and  in  certain  other  cases  to  soldiers  under  section  2300,  U.  S.  Re- 
vised Statutes. 

5.  By  sale  of  timber  or  stone  lands,  or  lands  unfit  for  agriculture,  and  chiefly 
valuable  for  timber  or  stone,  in  California,  Oregon,  and  Nevada,  and  in  Wash- 
ington Territory,  remaining  unofi'ered ;  minimum  price,  $2.50  per  acre.  (Act 
June  3, 1878.) 

G.  By  entries  for  timber  culture  under  act  of  June  14, 1878  (20  Stat.,  113). 
No  price  per  acre ;  nominal  fees  paid. 

7.  By  sale  of  town  lots  under  sections  2380  and  2381,  U.  S.  Revised  Statutes, 
at  the  appraised  value  of  lots  as  the  minimum. 

8.  By  sales  of  town  lots  under  sections  2382  to  238G,  U.  S.  Revised  Statutes ; 
minimum  price,  $10  per  lot. 

9.  By  sale  of  townsites  under  sections  23S7  to  2390,  U.  S.  Revised  Statutes ; 
minimum  price,  $1.25  per  acre  or  $2.50  per  acre,  as  the  case  may  be,  under  sec- 
tion 2357,  U.  S.  Revised  Statutes. 

10.  By  pre-emptions  for  county  seats,  under  section  2286,  IT.  S.  Revised 
Statutes ;  minimum  price,  $1.25  or  $2.50  per  acre,  as  the  case  may  be,  under 
section  2357,  U.  S.  Revised  Statutes. 

11.  By  location  of  military  bounty  land  warrants  issued  for  a  limited  number 
of  acres,  and  receivable  at  the  rate  of  $1.25  per  acre  for  lands  held  at  $1.25  per 
acre,  or  $2.50  per  acre,  minimum,  as  the  case  may  be,  under  section  2357,  TJ.  S. 
Revised  Statutes.  Warrants,  provided  for  in  sections  2414  to  2446,  U.  S.  Revised 
Statutes. 

12.  By  location  of  agricultural  college  scrip  (act  of  July  2, 1862),  same  as 
military  bounty  land  warrants  next  above. 

13.  By  locations  of  supreme  court  or  indemnity  private  land  claim  scrip  (acts 
•of  June  22,  1860,  and  June  2,  1858),  same  as  next  above. 

14.  By  locations  of  Sioux  half-breed  scrip  (under  act  of  July  17,  1S54,  10 
Stats.,  304),  on  lands  held  at  $1.25  or  $2.50,  minimum  price,  as  the  case  may  be, 
under  section  2357,  Revised  Statutes. 

15.  By  locations  of  various  classes  of  scrip,  issued  to  individuals  under  special 
acts  of  Congress,  locatable  some  of  it,  upon  lands  held  at  $1.25  per  acre,  mini- 
mum, some,  upon  either  $1.25  per  acre  or  $2.50  per  acre,  minimum ;  such  as 
Porterfield  scrip,  Valentine  scrip,  Cole's  scrip,  Chippewa  scrip,  and  Revolu- 
tionary bounty  land  scrip,  the  latter  receivable  as  money,  at  $1.25  for  each  acre 
called  for  therein. 

[  16.  Mineral  entries,  lode  claims,  and  placer  claims,  the  former  at  $5,  the  latter 
at  $2.50  per  acre,  minimum. 

17.  Desert  lands  in  quantities  not  exceeding  640  acres  at  $1.25  per  acre,  mini- 
mum, or  $2.50  per  acre,  minimum,  as  the  case  may  be,  under  section  2357,  XL  S. 
Revised  Statutes. 

18.  Cei"tain  lands,  containing  salt  springs,  formerly  reserved  by  acts  of  Con- 
gress, may  now  be  sold  at  public  auction,  or  after  offering  at  such  sale,  if  then 
■unsold,  by  private  entry,  at  the  minimum  price  of  $1.25  per  acre,  under  act  of 
January  12,  1877  (19  Stats.  221). 

19.  Coal  lands  are  sold  under  sections  2347  to  2352,  TJ.  S.  Revised  Statutes,  at 
the  minimum  of  $10  per  acre,  if  situated  more  than  15  miles  from  any  com- 
pleted railroad,  and  $20  per  acre,  if  situated  within  15  miles  of  such  road. 

20.  Selections  under  congressional  grants  of  swamp  lands  by  acts  of  March 
2, 1849,  September  28,  1850,  and  March  12,  1860;  of  indemnity  for  swamp  lands 
under  act  of  March  2, 1855,  and  March  3, 1857 ;  of  school  indemnity  under  sec- 
tions 2275  and  2276,  U.  S.  Revised  Statutes,  and  various  other  enactments; 


116  MATTHEWS'S    GUIDE. 

under  grants  far  universities,  by  various  acts  of  Congress,  and  under  the  various 
railroad  grants. 

The  Beveral  existing  laws  for  the  sale  and  disposition  of  the  public  domain, 
as  above  summarised,  permit  entries  and  locations  by  individuals,  associations, 
and  corporations. 

A  single  man,  a  married  man,  a  single  woman,  or  a  married  woman,  it  i  legally) 
the  head  of  a  family,  citizens  of  the  United  States,  or  having  declared  their 
intentions  to  become  such,  can  have  the  benefits  of  the  several  settlement  laws. 

The  theorv  of  the  settlement  laws  is  that  an  individual,  if  he  be  not  already 
the  owner  o'f  320  acres  of  land,  can  purchase  100  acres  under  the  pre-emption 
act  after  six  months'  settlement,  occupation,  and  improvement,  and  can  acquire 
160  acres  under  the  homestead  act  bv  residence,  improvement,  and  cultivation 
for  a  term  of  live  years,  with  certain  legal  rebates  as  to  time  of  settlement,  or 
can  purchase  at  the  end  of  six  months  by  commutation. 

Under  the  several  settlement  and  occupancy  laws,  however,  a  person  can 
legally  acquire  1,120  acres  of  the  public  domain. 


CLASSIFICATION. 


The  existing  laws  recognize  several  classes  of  lands,  us  follows : 

Mineral.—''  In  all  cases  'lands  valuable  for  mineral' shall  be  reserved  from 
sale,  except  as  otherwise  expressly  directed  by  law."     (Section  231S,  R.  S.) 

Timber  and  stone.— Lands  valuable  chiefly  for  timber  and  stone,  unfit  for  cul- 
tivation. 

Saline.— Salt  springs. 

Townsite  lands.— Any  unoccupied  public  lam  Is. 

Desert.— Lands  which  will  not,  without  irrigation,  produce  an  agricultural 

crop.  .   . 

Coal  lands.— Lands  containing  coal. 

And  all  others  as  agriadtural. 

Special  laws  are  provided  for  each  of  the  seven  classes  named.  Lands  re- 
served or  withdrawn  "are  not  subject  to  entry  or  location." 

AGRICULTURAL   LANDS. 

Agricultural  lands  can  be  taken  in  tracts  of  from  40  to  160  acres  under  the 
pre-emption,  homestead,  and  timber-culture  acts,  or  purchased  at  public  sale  or 
private  entry. 

Of  agricultural  public  lands  there  are  two  classes :  the  one  class  at  $1.26  pel 
which  is  design  nam,  and  the  other  at  $2.50  per  acre,  or  double 

minimum.  The  latter  class  consists  of  the  tracts  embraced  within  the  alternate 
sections  of  land  reeerv<  d  to  the  United  States  in  acts  of  Congress  makinggrants 
within  prescribed  limits  of  the  lines  of  railroads,  or  other  works  of  internal 
improvements,  to  aid  in  the  construction  thereof,  such  reserved  sections  being 
double  in  price.  Congress,  by  an  act  approved  June  15,  18S0,  reduced  to  $1.25 
per  acre  any  lands  then  subject  to  entry  (meaning,  in  this  connection,  ordinary 
cash  entry  of  offered  lands),  which  were  put  in  market  at  the  enhanced  price 
prior  to  the  1st  of  January,  1861.  Title  may  be  acquired  by  purchase  at  public 
sal-,  or  by  ordinary  "private  entry."  and  in  virtue  of  the  pre-emption,  home- 
stead, timber-culture,  and  other  laws. 

PUBLIC   OFFERING   AND    PRIVATE   ENTRY. 

Lands  are  sold  at  public  sale  after  offering  in  the  manner  indicated  in  various 

itesand  official  regulations,  but  no  lands  can  be  entered  at  private  sale  unless 

they  have  tirst  been  offered  at  public  sale.  The  area  of  lands  that  can  be  so  entered 

is  small  and  they  lie  in  isolated  tracts  in  various  States  and  Territories,  except 
the  total  area  of  surveved  offered  public  lands  in  the  live  southern  States  of 
Alabama,  Arkansas,  Florida,  Louisiana,  and  Mississippi,  which  can  be  purchased 
at  anv  district  land  office  in  said  States  in  Legal  subdivisions,  having  been  duly 


MATTHEWS'S    GUIDE.  117 

offered  under  the  act  of  Congress  of  June  22, 1876,  but  all  the  public  lands  in 
these  live  States  are  now  only  subject  to  disposal  under  the  homestead  laws,  all 
other  disposals  thereof  having  been  suspended  by  joint  resolution  of  May  18, 
1888,  as  amended  by  joint  resolution  of  July  10,  1888,  pending  certain  proposed 
general  public  land  legislation,  or  until  the  end  of  the  present  Congress. 

It  is  contrary  to  the  present  policy  of  the  government  to  sell  the  public  lands 
at  either  public  sale  or  ordinary  private  entry.  But  few  lands  have  been  offered 
at  public  sale  for  many  years,  except  the  general  offerings  in  the  Southern 
States  above  referred  to,  and  all  lands  suitable  for  agriculture  are  under  the 
existing  policy  held  for  disposal  to  actual  settlers,  so  far  as  certain  anomalies 
in  subsisting  legislation  admits  of. 

METHODS   OF   ACQUIRING   TITLE. 

Title  may  be  acquired  by  sale  at  auction,  private  entry  or  location,  cash  pur- 
chase, or  entry  under  the  several  settlement  and  disposition  laws  by  persons, 
associations,  or  corporations. 

BY  PURCHASE  AT  PUBLIC  SALE. 

This  may  be  done  where  the  lands  are  "  offered  "  at  public  auction  to  the 
highest  bidder,  either  pursuant  to  proclamation  by  the  President  or  public 
notice  given  in  accordance  with  directions  from  the  General  Land  Office. 

BY    "  PRIVATE   ENTRY  "   OR  LOCATION. 

The  lands  liable  to  disposal  in  this  manner  are  those  which  have  been  offered 
at  public  sale,  which  were  not  then  sold,  and  which  have  not  since  been  re- 
served or  otherwise  withdrawn  from  market.  The  area  of  such  lands  is  small 
in  the  West,  but  almost  the  whole  of  the  surveyed  agricultural  and  other  pub- 
lic lands  lying  in  Alabama,  Mississippi,  Florida,  Arkansas,  and  Louisiana  can  be 
purchased  under  the  act  of  June  22, 1876,  subject  to  the  suspension  above  stated. 
In  this  class  of  offered  and  unreserved  public  lands  the  following  steps  must  be 
taken  to  acquire  title : 

The  applicant  will  first  present  a  written  application  to  the  register  for  the 
district  in  which  the  land  desired  is  situated,  describing  the  tract  he  wishes  to 
purchase,  giving  its  area,  form  following : 

No. .  Land  Office,  at 


{Date) ,  18—. 

I,  — ,  of county,  do  hereby  apply  to  purchase  the of  sec- 
tion   ,  in  township ,  of  range  ,  containing acres,  according  to 

the  returns  of  the  surveyor-general,  for  which  I  have  agreed  with  the  register 
to  give  at  the  rate  of per  acre. 

register  of  the  land  office  at ,  do  hereby  certify  that  the 


lot  above  described  contains acres,  as  mentioned  above,  and  that  the  price 

agreed  upon  is per  acre. 

,  Register. 

Thereupon  the  register,  if  the  tract  is  vacant,  will  so  certify  (see  bottom  of 
blank  above)  to  the  receiver,  stating  the  price,  and  the  applicant  must  then  pay 
4he  amount  of  the  purchase-money. 

receiver's  receipt. 

The  receiver  will  then  issue  his  receipt  for  the  money  paid,  in  duplicate,  giv- 
ing to  the  purchaser  a  duplicate  receipt,  form  following : 

No. .  Receiver's  Office,  at , 

{Date) ,  18—. 

Received  from ,  of county, ,  the  sum  of dollars  and 

cents,  being  in  full  for  the  quarter  of  section  No. ,  in  township 


118  MATTHI  v     *S  CDE. 

No. ,  of  range  No. ,  containing acres  and hundredths,  at  $ 

per  acre 

$ .  ,  Recc'tv* 

Tin-  register  will  then  issue  his  certificate  of  purchase,  en  which  patent  is- 
issued,  form  following: 

No  .  Land  Office  at , 

[Data ,  IS—. 

It  is  hereby  certified  that,  in  pursuance  of  law, ,  of county, 

i  of -,  on  this  day  purchased  of  the  register  of  this  office  the  lot  or 

tion  No. ,in  township  No. ,  of  range  No. .containing acres, 

at  the  rate  of dollars  and ^  cents  per  acre,  amounting  to dollars  and 

cent-,  for  which  the  said ha —  made  payment  in  full  as  re- 
quired by  law. 

Now,  therefore,  be  it  known,  that  on  presentation  of  this  certificate  to  the  Commis- 
sioner of  the  General  Land  Office,  the  said shall  be  entitled  to  re- 
ceive a  patent  for  the  lot  above  described. 

,  Regitter. 

At  the  close  of  the  month  the  register  and  receiver  will  make  returns  of  the 
sale  to  the  General  Land  Office,  from  which,  when  the  proceedings  are  found 
regular,  a  patent  or  complete  title  will  be  issued ;  and  on  surrender  of  the  dupli- 
cate receipt  such  patent  will  be  delivered,  at  the  option  of  the  patenter,  either 
by  the  Commissioner  at  Washington  or  by  the  register  at  the  district  land  office. 

LOCATIONS   WITH    WARRANTS. 

Application  must  be  made  as  in  cash  cases,  but  must  be  accompanied  by  a 
warrant  duly  assigned  as  the  consideration  for  the  land  ;  yet  where  the  tract  is 
$2.50  per  acre,  the  party,  in  addition  to  the  surrendered  warrant,  must  pay  in 
cash  $1.25  per  acre,  as  the  warrant  is  in  satisfaction  of  only  so  many  acres  at 
$1.25  per  acre,  or  furnish  a  warrant  of  such  denomination  as  will,  at  the  legal 
value  of  $1.25  per  acre,  cover  the  rated  price  of  the  land.  For  example:  A  trad 
of  40  acres  of  land,  held  at  $2.50  per  acre,  can  be  paid  for  with  a  warrant  calling 
for  40  acres  and  the  payment  of  $50  in  cash,  or  by  surrendering  an  eighty-acre 
warrant  for  the  same— -the  40  acres  to  be  in  full  satisfaction  for  the  said  loca- 
tion ;  or  a  tract  of  80  acres,  rated  at  $2.50  per  acre,  can  he  paid  for  by  the  sur- 
render of  two  eighty-acre  warrants.  If  there  is  a  small  excess  in  the  area  <>f 
the  tract  over  the  quantity  called  for  on  the  face  of  the  warrant  in  any  case, 
such  excess  may  be  paid  for  in  money. 

A  duplicate  certificate  of  location  will  then  be  furnished  the  party,  to  he  held 
until  the  patent  is  delivered,  as  in  cases  of  cash  sale-. 

Registers  and  receivers  of  the  local  land  offices  are  entitled  to  the  following 
fees  for  their  services  in  locating  warrants,  and  the  several  amounts  mentioned 
must  be  paid  at  the  time  of  location  : 

For  a  40-acre  warrant,  $0.60  each  to  the  register  and  receiver;  total,  (1. 

For  a  GO-acre  warrant,  $0.75  each  to  the  register  and  receiver;  total,  $150. 

For  an  80-acre  warrant,  $1  each  to  the  register  and  receiver;  total.  $2. 

For  a  120-acre  warrant,  $1.60  each  to  the  register  and  receiver;  total,  $:;. 

For  a  100-acre  warrant,  $2  each  to  tho  register  and  receiver  ;  total,  $4. 

AGRICULTURAL  COLLEGE    sciill'. 

This  scrip  may  be  used — 

First.  In  the  location  of  land  at  "private  entry,"  but  when  so  used  is  only  ap- 
plicable to  lands  not  mineral  which  may  be  subject  to  private  entry  at  $1.25  per 
tricted  to  a  technical  u  quarter  section" — that  is,  land  embraced  t>y 
the  quarter  section  Lines  indicated  on  the  official  plats  of  survey;  or  it  may  be 
Located  on  a  part  of  a  " quarter  section,"  where  such  pari  is  taken  as  in  full  for 
a  quarter;  hut  it  cannot  he  applied  to  different  subdivisions  to  makean  area 
equivalent  to  a  quarter  section.    The  manner  of  proceeding  t<>  acquire  title  with 


MATTHEWS'S    GUIDE.  119 

this  class  of  paper  is  the  same  as  in  cash  and  warrant  cases,  the  fees  to  be  paid 
being  the  same  as  on  warrants.  The  location  of  this  scrip  at  private  entry  is  re- 
stricted to  three  sections  in  each  tovmship  of  land,  and  one  million  acres  in  any  one 

Stale.  ...  i        ,       , 

Second.  In  payment  of  pre-emption  claims,  in  the  manner  and  under  the 
same  rules  and  regulations  as  govern  the  pre-emption  of  military  land  warrants ; 
this,  too,  without  regard  to  the  limitation  as  to  the  quantity  located  in  the 
township  or  in  any  State. 

Third.  In  payment  for  homesteads  commuted  under  section  2301  of  the  Re- 
vised Statutes  of  the  United  States. 

There  is  but  little  of  this  scrip  now  outstanding,  most  of  it  having  been 
located  and  satislied. 

SUPREME  COURT  SCRIP. 


'his  scrip  is  issued  under  the  acts  of  Congress  of  June  22, 18G0,  March  2, 1867, 
le  10,  1872,  and  January  28,  1879,  in  satisfaction  of  private  land  claims  not 


Thi 
June 

satisfied  "  in  place,"  the  several  certificates  of  which,  representing  various  quan- 
tities of  land,  according  to  the  circumstances  of  the  respective  cases,  may  be 
located  in  legal  subdivisions  on  any  public  land  subject  to  sale  at  private  entry 
at  $1.25  per  acre,  any  small  excess  in  such  subdivisions  over  the  area  called  for 
in  the  scrip  to  be  paid  for  in  money  ;  or  they  may,  under  the  second  section  of 
the  act  of  January  28, 1879,  be  received  from  actual  settlers  in  payment  of  pre- 
emption claims  or  in  commutation  of  homestead  claims,  even  where  the  same 
embrace  lands  subject  to  entry  at  the  double  minimum  price  of  $2.50  per  acre, 
in  the  same  manner  and  to  "the  same  extent  as  is  authorized  bv  law  in  the 
case  of  military  bounty  land  warrants. 

SURVEYOR-GENERAl/s   CERTIFICATE,   ACT  JUNE  2,   1858. 

The  fourth  section  of  the  act  of  January  28, 1879,  declares  that  its  provisions 
respecting  the  assignment  and  patenting  of  scrip  and  its  application  "to  pre- 
emption and  homestead  claims  shall  apply  to  the  indemnity  certificates  of  lo- 
cation provided  for  in  the  act  of  the  2d  of  June.  1858,  entitled  "An  act  to  pro- 
vide for  the  location  of  certain  confirmed  private  land  claims  in  the  State  of 
Missouri,"  and  for  other  purposes.  The  general  principles  hereinbefore  laid 
down  in  regard  to  scrip  issued  under  the  act  of  June  22,  1860,  are  applicable  to 
the  class  of  certificates  issued  under  the  act  of  June  2, 1858. 

A  party  desiring  to  locate  a  certificate  of  Supreme  Court  scrip  or  surveyor- 
general's  certificate  under  the  act  of  June  2,  1858,  must  make  application  to 
the  register  and  receiver  according  to  form  prescribed  as  follows,  viz  : 

ACTS  OF  JUNE  22,  1860,  march  2,  1867,  AND  JUNE  10,  1872. 

Register  and  Receiver's  \ 

/  Scrip,  No. . 


No, 

Scrip  issued  by  virtue  of  a  decree  rendered  on  the day  of , 

or legal  representatives. 

X;  1  hereby  apply  to  locate  with  the  above  described  certificate 

quarter  of'  section  No. -,  in  township  No. ,  of  range  No. , 


gontaining acres,  in  the  district  of  lands  subject  to  sale  at 

Witness' my  hand  this day  of ,  A.  D.  187- 

Attest : 

,  Register. 

,  Receiver. 

The  location  being  allowed  the  applicant  surrenders  his  scrip,  and  receives  a 
duplicate  certificate  of  entry,  according  to  the  following  form,  which  he  sur- 
renders when  he  receives  patent  for  the  land,  viz  : 


120  MATTHEWS    GUIDE. 

Acre  of  junk  22,  I860,  mabch  2,  1867,  and  jink  10,  1872 

Certificate  of  Entky. 
Rsuistek  and   Ri:<  i;ivi:i:V   No. 


United  States  District  Land  Office 

AT  ,  ,  197-. 

We  certify  that  certificate  of  location  No. ,  for acres,  issued  by 

virtue  of  a  decree  rendered  on  tin day  of ,  by  the  Supreme  Court  of 

the  United  States,  has  this  day  been  located  by on  the — 

quarter  of  section  No. ,  in  township  No. ,  of  range  No. ,  contain- 
ing   acres.  _    .  J 

,  Register. 

.  Receiver. 

UEVOLfTIONAKY    BOUNTY    LAND   BCKIP. 

Issued  under  the  not  entitled  "An  act  makinff  further  provision*  for  thesaUt/uctUmpf  Vir- 
ginia land  warrants,"  approved  August  81,  l.^vj  ,f.  s  siai,  ui  L.  vol.  10,  page  ll:.),  in  con- 
nection with  the  supplemental  act,  approved  Juue  22, 180), "  to  declare  the  meaning  or 
the  said  law  of  August  81, 1832  (U.  S.  SUit.  sit  L.,  vol.  hi.  page  81). 

This  scrip  is  "receivable  in  payment  of  any  lands  owned  by  the  United 
States  subject  to  sale  at  private  entry."  and  can  be  applied  at  the  rate  of  81.25 
per  acre,  in  the  same  manner  as  money,  in  all  cases  where  the  tract  applied  for 
contains  the  area  specified  in  the  scrip,  or  more;  where  it  contains  less,  the 
excess  of  the  scrip  cannot  be  refunded  in  money,  but  may  be  denoted  in  the 
relinquishment  as  applicable  to  any  Other  tract.  It  can  also  be  used  in 
commutation  of  homestead  entries,  and  can  be  applied  in  payment  of  offered 
or  unoffered  lands  which  may  1 mhraced  by  pre-emption  entries. 

The  other  varieties  of  scrip  referred  to  in  the  synopsis  above  given,  showing 
the  manner  in  which  public  lands  may  be  disposed  of,  under  the  loth  head, 
are  located  substantially  in  the  same  manner  as  bounty  land  warrants,  but  they 
are  limited  in  quantity,*  high  in  price,  and  used  principally  for  speculative  pur- 
poses. 

HOMESTEAD   ACT   AND    AMENDMENTS. 

The  original  homestead  act  of  May  20,  1SG2,  has  been  amended  several  times. 

The  principal  amendments  were  in  the  nature  of  extension  of  its  privileges, 
and  the  limit  of  80  acres  of  land  of  the  double  minimum  class,  82.50  per  acre, 
within  certain  road  limits,  lias  since  been  done  away  with  by  acts  of  June  8, 
L872,  March  3,  1870,  July  1,  1870, and  June  15.  1SS0;  there  now  being  hut  one 
class  of  agricultural  lands,  so  far  as  regards  the  minimum  quantity  in  home- 
1  entries.  . 

The  act  of  June  S,  1872,  was  known  as  the  soldiers'  and  sailors'  homestead 
act  Itgave  honorably  discharged  soldiers  and  sailors  from  the  Army  and  Navy  of 
the  United  Suites  160  acres  of  land  under  the  homestead  act  in  any  locality,  and 
deducted  from  the  live  rears'  residence  which  was  required  to  make  title  their 
term  of  service  in  the  Army  and  Navy  during  the  war  of  the  Rebellion.  One 
r"8  residence  and  cultivation,  however,  were  necessary,  and  they  have  six 
months  from  the  filing  of  application  to  make  entry  and  commence  settlement 
and  improvement,  and  actual  service  in  the  Army  or  Navy  is  an  equivalent  to 
•nee  under  certain  conditions. 

The  soldiers'  additional  homestead  provision  was  to  give  those  soldiers  who 
had  had  the  benefit  of  the  homestead  act,  to  the  extent  of  a  quantity  under  1G0 
.  an  additional  amount,  so  as  to  make  their  allowance  100  acres.  The  act 
l.ioh  :;,  L876.  gave  homesteads  and  patents  for  the  same  to  certain  Indians, 
which  is  changed  by  subsequent  act  of  July  4, 1884,  and  allotment  act  of  Feb- 
ruary 8,18  , 

By  act  Of  March  .'J,  1879,  additional  rights  were  given  to  homestead  settlers  on 
the  public  lands  within  railroad  limits,  and  an  act  of  the  same  tenor  for  the 
States  of  Missouri  and  Arkansas  was  pa  mod  July  l,  1879. 


MATTHEWSS    GUIDE.  121 

Special  acts  have  frequently  been  passed  favoring  localities  where  crops  have 
t>een  destroyed  by  drought  or  insects,  and  the  time  of  settlers  has  been  ex- 
tended for  making  proof  and  payment. 

In  making  final  proof  of  homestead  entry,  or  in  commuting  under  the  eighth 
section  of  the  homestead  act  (section  2301,  R.  S.,)  upon  lands  situate  in  recog- 
nized mineral  districts,  a  non-mineral  affidavit,  showing  that  there  is  no  known 
mineral  on  the  tract  to  be  entered,  is  required  of  all  claimants. 

THE   ESSENCE  OP  THE  HOMESTEAD   LAW   AND   ITS  BENEFITS. 

The  essence  of  the  homestead  law  and  the  amendments  is  embodied  in  the 
conditions  of  actual  settlement,  dwelling  on,  and  cultivation  of  the  soil  em- 
braced in  an  entry.  It  gives  for  a  nominal  fee,  equal  to  $34  on  the  Pacific  coast 
and  $26  in  the  other  States,  to  a  settler — a  man  or  woman  over  the  age  of 
twenty-one  year*?,  head  of  a  family,  or  a  single  person  above  the  age  of  twenty- 
one  years,  a  citizen  of  the  United  States  or  having  declared  an  intention  of 
becoming  such — the  right  to  locate  upon  100  acres  of  unoccupied  public  land 
in  any  of  the  public  land  States  and  Territories  subject  to  entry  at  a  United 
States  land  office,  to  live  upon  the  same  for  a  period  of  five  years,  and,  upon 
proof  of  a  compliance  with  the  law,  to  receive  a  patent  therefor  free  of  cost  or 
charge  for  the  land.    Full  citizenship  is  requisite  to  obtain  final  title. 

The  present  homestead  law  contains  all  of  the  beneficial  features  of  the  pre- 
empti  on  act  with  the  additions  suggested  by  experience  and  the  changed  condition 
of  national  life.  The  eighth  section  of  the  act  (2301 R.  S.)  contains  the  substance 
of  the  pre-emption  act  in  the  matter  of  purchase.  If  the  locator  desires  to  buy  his 
homestead  outright  at  the  end  of  six  months,  he  can,  upon  due  proof,  pay  for 
his  land  at  $1.25  or  $2.50  per  acre,  as  the  case  may  be,  which  is  called  commuta- 
tion of  a  homestead.  It  contains  one  feature  as  broad  in  its  terms  and  as 
beneficial  in  its  principle  as  the  domain  it  covers.    It  is  as  follows : 

"  No  lands  acquired  under  the  provisions  of  this  act  shall,  in  any  event,  become 
liable  to  the  satisfaction  of  any  debt  or  debts  contracted  prior  to  the  issuing  of 
the  patent  therefor." 

The  homestead  act  is  now  the  approved  and  preferred  method  of  acquiring 
title  to  the  public  lands.  It  has  stood  the  test  of  twenty-six  years,  and  was  the 
outgrowth  of  a  system  extending  through  nearly  eighty  years,  and  now,  within 
the  circle  of  a  hundred  years  since  the  United  States  acquired  the  first  of  her 
public  lands,  the  homestead  act  stands  as  the  concentrated  wisdom  of  legislation 
for  settlement  of  the  public  lands.  It  protects  the  government,  it  fills  the 
States  with  homes,  it  builds  up  communities,  and  lessens  the  chances  of  social 
and  civil  disorder  by  giving  ownership  of  the  soil,  in  small  tracts,  to  the  occu- 
pants thereof.  It  was  copied  from  no  other  nation's  system.  It  was  originally 
and  distinctively  American,  and  remains  a  monument  to  its  originators. 

A  homesteader  must  be  the  head  of  a  family,  male  or  female,  a  widow  or  a 
single  person,  male  or  female,  over  the  age  of  twenty-one  years,  who  are  citi- 
zens of  the  United  States,  or  who  have  declared  their  intention  to  become 
citizens  (such  cannot,  however,  make  a  final,  entry  of  a  homestead  until  fully 
naturalized) ;  also,  to  Indians  who  have  abandoned  their  tribal  relations,  and 
have  adopted  the  habits  and  pursuits  of  civilized  life. 

THE  SEVERAL  CLASSES   OF   HOMESTEAD   ENTRIES. 

The  homestead  laws  recognize  several  classes  of  homestead  entries,  viz : 

1.  Settlement  and  cultivation  homesteads  under  the  original  act  of  May  20, 
1862,  and  amendments. 

2.  Adjoining  farm  homesteads,  Sec.  2289,  R.  S.  U.  S. 

3.  Adddition  homestead  acts  of  March  3,  1870,  July  1,  1S79. 

4.  Soldier's  homestead  act  of  June  8,  1S72,  Sec.  2304  to  2309,  U.  S.  R.  S. 

5.  Additional  homestead  under  act  of  June  8,  1*72.  sections  2306,  2307,  U.  S. 
R.  S. 


122  M  \  i  I  iii:\vs's    GUIDE. 

6.  Indian  homestead  ad  of  March  S,  L875,  and  acta  of  July  4. 1R84,  and  Feb- 
ruary, v.  1887. 

ENTRIES — HOW    MADE. 

Homestead  entries  arc  received,  in  the  manner  herein  set  out,  at  any  United 
States  district  land  office.  Homestead  settlements  can  be  made  upon  any  of 
the  public  lands  not  otherwise  specially  reserved,  and  which  have  been  declared 

i  to  entry  and  location  by  law  of  Congress.     Xo  public  lands,  however, 
are  open  to  settL  mentor  sale  until  after  Congress  directs  their  survey,  creates 

land  offices  therein,  and  orders  how,  when,  and  l>y  what  system  they  shall  be 
disposed  of. 

HOW    PAID    FOR. 

Cash  is  received  in  payment  of  fees.  In  the  case  of  a  commuted  homestead, 
the  commuter  can  use  cash,  military  bounty  land  warrants,  agricultural  college 
or  private  land  claim  scrip,  under  the  act  of  January  28, 1879. 

TIIE  HOMESTEAD  PRIVILEGE. 

The  laws  extending  the  homestead  privilege,  embraced  in  sections  2289  to 
2312  of  the  Revised  Statutes,  give  to  every  citizen,  and  to  those  who  have  de- 
clared their  intention  to  become  citizens,  the  right  to  a  homestead  on  surveyed 
lands.  This  right  was  limited  by  section  22S9  of  the  Revised  Statutes,  as  the 
maximum  quantity,  to  1G0  acresof  the  class  of  ordinary  public  lands  held  by 
law  at  $1.25  per  acre,  when  disposed  of  to  cash  purchasers,  or  80  acres  of  the 
class  of  lands  embraced  in  the  alternate  sections,  along  the  lines  of  railroads 
or  other  works  of  internal  improvement,  reserved  to  the  United  States  in  acts 
of  Congress  making  grants  of  land  in  aid  of  the  construction  of  such  works, 
and  the  price  thereof  increased  to  $2.50  per  acre.  By  act  of  Congress  of  March 
3,  1879,  it  was  enacted  that  from  and  after  its  passage  "  the  even  sections  within 
the  limits  of  any  grant  of  public  lands  to  any  railroad  company,  or  to  any 
military  road  company,  or  to  any  State  in  aid  of  any  railroad  or  military  road, 
shall  be  open  to  settlers  under  the  homestead  laws  to  the  extent  of  one  hundred 
and  sixty  acres  to  each  settler,"  thus  doing  away  in  this  elass  of  entries  with 
the  distinction  between  ordinary  minimum  and  double  minimum  lands,  or 
lands  held  at  $1.25  per  acre  and  lands  held  at  $2.50  per  acre,  which  had  existed 
under  section  2289  of  the  Revised  Statutes  of  the  United  Slates,  so  far  as  the 
double  minimum  lands  may  be  found  in  even  sections  within  the  limits  of  land 
grants  for  railroads  or  military  roads.  These  provisions  did  not  extend  so  as  to 
embrace  any  double  minimum  lands  in  odd-numbered  sections,  or  in  the  limits 
of  grants  for  any  other  description  of  public  works.  By  act  of  July  1,  1879,  the 
same  provisions  were  extended  to  the  odd  sections  in  the  States  of  Missouri 
and  Arkansas,  when;  the  odd  sections  were  reserved  to  the  United  States,  the 
price  of  the  lands  therein  enhanced,  and  the  even  sections  granted  for  the  pur- 
poses of  improvement.  Both  acts  were  inoperative  in  any  case  where  the  even 
sections  were  granted,  the  odd  being  reserved,  and  not  within  the  States  of  Mis- 
souri and  Arkansas,  as  in  Alabama  and  Mississippi  ;  but  the  double  minimum 
lands  in  the  two  last-mentioned  States  having  been  brought  into  market  at  the 
enhanced  price  prior  to  the  1st  January,  1861,  are  now  reduced  to  $1.25  per  acre 
under  the  third  section  of  the  act  of  June  15,  1880. 

PROCEDURE   IN  DISTRICT   LAND   OFFICES. 

To  obtain  a  homestead  the  party  must,  in  connection  with  his  application  in 
prescribed  form,  make  an  affidavit  in  form  prescribed  before  the  register  or  re- 
ceiver, that  ho  is  over  the  age  of  twentv-one  or  the  head  of  a  family  ;  that  he  is 
a  citizen  of  the  United  States,  or  has  declared  his  intention  to  become  such; 
and  that  the  entrv  is  made  for  his  exclusive  use  and  benefit,  and  for  actual  set- 


MATTHEWS  S    GUIDE. 


L23 


tlement  and  cultivation ;  and  must  pay  the  legal  fee  and  that  part  of  the  com- 
missions which  is  payable  when  the  entry  is  made,  aa  given  in  tables  follow- 
ing, viz : 

FEES   PAYABLE  WHEN   APPLICATION   IS   MADE. 

The  land  office  fees  and  commissions,  payable  when  application  is  made,  are  as 
follows : 

In  Alabama,  Arkansas,  Dakota,  Florida,  Iowa,  Kansas,  Louisiana,  Michigan, 
Minnesota,  Missouri,  and  Nebraska — 

Land  at  $230  per  acre.  Land  at  $1£5  per  acre. 

For  1G0  acres $18  00  For  160  acres $14  00 

For  80  acres 9  00  For  80  acres 7  00 

For  40  acres 7  00  For  40  acres 6  00 

In  Arizona,  California,  Colorado,  Idaho,  Montana,  Nevada,  New  Mexico, 
Oregon,  Utah,  Washington,  and  Wyoming — 

Land  at  §2J>0  per  acre.  Land  at  %1£5  per  acre. 

For  160  acres $22  00      For  160  acres $16  00 

For  80  acres 11  00      For  80  acres 8  00 

For  40  acres 8  00      For  40  acres 6  50 

WHEN   PERSONAL  APPEARANCE  AT  THE  DISTRICT   LAND   OFFICE  MAY   BE  DISPENSED 

WITH. 

Where  the  applicant  has  made  actual  settlement  on  the  land  he  desires  to 
enter,  but  is  prevented  by  reason  of  bodily  infirmity,  distance,  or  other  good 
cause,  from  personal  attendance  at  the  district  land  office,  the  affidavit  may  be 
made  before  the  clerk  of  the  court  for  the  county  within  which  the  land  is 
situated,  under  section  2294  of  the  Revised  Statutes. 

On  compliance  by  the  party  with  the  foregoing  requirements,  the  receiver  will 
issue  his  receipt  for  the  fee  and  that  part  of  the  commissions  paid  (in  form  pre- 
scribed), a  duplicate  of  which  he  will  deliver  to  the  party.  The  matter  will 
then  be  entered  on  the  records  of  the  district  office  and  reported  to  the  General 
Land  Office. 

SETTLEMENT    AND    RESIDENCE. 

.An  inceptive  right  is  vested  in  the  settler  by  such  proceedings,  and  upon 
taithful  observance  of  the  law  in  regard  to  settlement  and  cultivation  for 
the  continuous  term  of  five  years,  and  at  the  expiration  of  that  time,  or  within 
two  years  thereafter,  upon  proper  proof  to  the  satisfaction  of  the  land  officers 
(forms  prescribed),  and  payment  to  the  receiver  of  that  part  of  the  commissions 
remaining  to  be  paid,  as  given  in  tables  below,  the  receiver  issuing  his  receipt 
therefor,  the  register  will  issue  his  certificate  (form  prescribed),  and  make  proper 
returns  to  the  General  Land  Office  as  the  basis  of  a  patent  or  complete;  title  for  the 
homestead.  And  an  inceptive  right  to  a  homestead  may  now  be  acquired,  and 
the  period  of  continuous  residence  and  cultivation  begin  to  run,  prior  to  the 
date  of  formal  entry  at  the  district  land  office,  by  the  party  making  actual 
settlement  on  the  tract  desired,  provided  the  entry  at  the  district  office  i~  mule 
within  the  prescribed  period  thereafter  as  in  pre-emptions.  The  third  section 
of  the  act  of  May  14, 1880,  places  homestead  settlers  on  public  lands  on  the 
same  footing  with  pre-emption  settlers  under  existing  laws.  This  section  pro- 
tects the  claim  of  an  actual  settler  upon  unsurveyed  land  not  yet  open  to  entry 
at  the  district  office,  provided  he  shall  make  homestead  entry  of  the  land 
within  three  months  from  the  filing  of  the  township  plat  of  survey  in  the  dis- 
trict land  office,  the  same  as  the  pre-emptor  is  now  protected  by  filing  his  de- 
claratory statement  within  the  same  period;  and  if  the  homestead  settler  shall 


124  MATTHEWS's    GUIDE. 

fully  comply  with  tin  law  as  to  continuous  residence  and  cultivation,  his  settle- 
■  defeats  all  claims  intervening  between  its  date  and  the  date  of  filing  his 
homestead  application.    In  making  final  proof,  his  five  years  of  residence  and 
cultivation  will  commence  from  date  of  actual  settlement. 

Note.— The  law  Is  speeifle  In  requiring  final  proof  to  be  made  within  too  yean  after 

the  expiration  of  the  live  years  from  day  of  entry. 

FEES   PAYABLE   AT  TIME  OF   MAKING    FINAL    PROOF. 

The  land  office  commissions, payable  'it  tinu  of  making  final  proof,  are  a-  fol- 
lows : 
In  Alabama,  Arkansas  Dakota.  Florida,  [owa,  Kansas  Louisiana,  Michigan, 

Minnesota,  Mississippi,  Missouri,  and  Nebraska — 

Txind  at  $2.50  per  acn .  Land  ai  $l.:~>  /»  r  acre. 

For  160  acres $8  00  For  160  acres $4  00 

For    80  acres 4  00  For    80  acres 2  00 

For    40acres 2  00  For     40  am  > 100 

In  Arizona.  California,  Colorado, Idaho,  Montana,  Nevada,  Now  Mexico,  <  u-<- 
gon,  Utah,  Washington,  and  Wyoming— 

Land  at  $2.50 per  acre.  Law!  at  ■<!..':>  per  acre. 

For  160  acres $12  00  For  160  acres $6  00 

For    80acres 6  00  For    80  acres 3  00 

For    40acrcs 3  00  For    40  acres 1   "io 

The  fees  for  reducing  testimony  to  writing  in  making  final  proof  are,  in  the 
former  States,  15  cents,  and  in  the  latter  States  and  Territories,  22£  cents  for 
each  100  words.  No  other  land-office  fees  than  those  stated  are  payable  or 
allowable  in  homestead  cases. 

FINAL    PROOF — HOW    MADE. 

Under  the  act  of  Congress  of  March  3,  1879,  any  settler  desiring  to  make 
final  proof  must  first  file  with  the  register  of  the  proper  land  office  a  written 
notice  of  his  intention  to  do  so.  Such  notice  must  describe  the  land  claimed,  and 
the  claimant  must  give  the  names  and  residences  of  the  witnesses  by  whom 
the  necessary  facts  as  to  settlement,  residence,  cultivation,  etc.,  are  to  be  es- 
tablished, and  state  the  time  when  and  the  officer  before  whom  the  proof  will 
be  made.     (Form  prescribed.) 

The  filing  of  such  notice  must  be  accompanied  by  a  deposit  of  sufficient 
money  to  pay  the  cost  of  publishing  the  notice  to  be  given  by  the  register. 

Upon  the  filing  of  the  notice  by  the  applicant,  the  register  shall  publish  a 
notice  of  6uch  application  once  each  week  for  a  period  of  thirty  days,  in  a 
newspaper  which  ne  shall  disignate,  by  an  order  written  on  said  application, 
as  published  nearest  the  land  described  in  the  application,  and  he  snail  also 
poet  said  notice  in  some  conspicuous  place  in  his  office  for  the  same  period. 
A  compliance  with  the  law  will  require  the  notice  to  be  published  weekly  five 
tim<-.  four  weekly  publications  would  not  cover  a  period  of  thirty  days. 

The  notice  to  be  given  by  the  register  must  state  that  application  to  make 
final  proof  has  been  filed;  the  name  of  the  applicant;  the  kind  of  entry, 
whether  homestead  or  pre-emption;  a  description  of  the  land,  and  the  names 
and  residences  of  the  witnesses,  also  the  time  and  place  for  making  proof  as 
stated  in  the  application.     (Form  prescribed.) 

To  save  expense,  the  register  may  embrace  two  or  more  cases  in  one  publi- 
cation, when  it  can  be  done  consistently  with  the  legal  requirements  of  publi- 
cation, in  a  new-paper  published  nearest  the  land,  as  per  form  prescribed. 


MATTHEWS^    GUIDE.  125 

When  proof  is  tiled  that  notice  has  been  given  in  the  manner  and  for  the 
time  required  by  said  act  of  Congress,  the  applicant  will  be  entitled  to  make 
final  proof,  as  provided  by  law  at  time  and  place  given  in  the  notice. 

The  proof  that  requisite  notice  has  been  given  will  be  the  certificate  of  the 
register  that  the  notice  of  the  application  (a  copy  of  which  should  be  annexed 
to  the  certificate)  was  posted  by  him  in  a  conspicuous  place  in  his  office  for  a 
period  of  thirty  days  (form  prescribed)  and  the  affidavit  of  the  publisher  or 
foreman  of  the  newspaper  that  the  notice  (a  copy  of  which  notice  must  be  an- 
nexed to  the  affidavit)  was  published  in  said  newspaper  once  each  week  for  five 
successive  weeks. 

The  proof  of  the  publication  and  posting  of  the  notice  must  be  filed  and 

E reserved  by  the  register,  to  be  forwarded  to  the  General  Land  Office  with  the 
nal  papers  when  issued. 

HOW   PROOF   MAY  BE  MADE  OTHER  THAN   AT   DISTRICT  LAND   OFFICE. 

In  making  final  proof  the  homestead  party  may  appear  in  person  at  the 
district  land'office  with  his  witnesses,  and  there  make  the  affidavit  and  proof 
required  in  support  of  his  claim,  or  he  may  proceed  under  the  act  of  March  3, 
1877.  This  prescribes  that  the  party  desiring  to  avail  himself  thereof  must  ap- 
pear with  his  witnesses  before  the  judge  of  a  court  of  record  of  the  county  and 
State,  or  district  and  Territory,  in  which  the  land  is  situated,  and  there  make 
the  final  proof  required  bylaw,  according  to  the  forms  prescribed,  which  proof, 
duly  authenticated  by  the  court  seal,  is  required  to  be  transmitted  by  the 
judge  or  the  clerk  of  the  court  to  the  register  and  receiver,  together  with  the 
fee  and  charges  allowed  by  law.  See  3d,  10th,  and  12th  subdivisions  of  section 
2238  of  the  Revised  Statutes  of  the  United  States. 

The  judge  being  absent  in  any  case,  the  proof  may  be  made  before  the  clerk 
of  the  proper  court.  The  fact  of  the  absence  of  the  judge  must  be  certified  in 
the  papers  by  the  clerk  acting  in  his  place. 

If  the  land  in  any  case  is  situated  in  an  unorganized  county,  the  statute 
provides  that  the  party  may  proceed  to  make  the  proof,  in  the  manner  indicated, 
in  any  adjacent  county  in  the  State  or  Territory.  The  fact  that  the  county  in 
which  the  land  lies  is  unorganized,  and  that  the  county  in  which  the  proof  is 
made  is  adjacent  thereto,  must  be  certified  by  the  officer. 

In  any  case  where  the  final  proof  shall  be  transmitted  to  the  register  and 
receiver,  as  contemplated  in  this  act,  and  the  full  amount  of  money  due  shall 
be  paid,  they  will  carefully  examine  the  proof,  and,  if  no  objection  appears, 
proceed  to  issue  the  receipt  and  certificate  in  the  case,  and  make  proper  returns 
to  the  General  Land  Office  as  the  basis  of  a  patenter  complete  title  for  the 
homestead,  pursuant  to  existing  laws.  If  any  objection  appears  they  will 
promptly  notify  the  party  and  advise  him  of  his  rights  in  the  matter 

But  the  published  notice  must  in  every  case  show  when  and  before  what 
officer  the  proof  will  be  made. 

ENTRIES  OF  DECEASED   OR   INSANE  PERSONS — HOW   COMPLETED. 

Where  a  homestead  settler  dies  before  the  consummation  of  his  claim,  the 
widow,  or  in  case  of  her  death  the  heirs,  may  continue  settlemeutor  cultivation, 
and  obtain  title  upon  requisite  proof  at  the  proper  time.  If  the  widow  proves 
up,  title  passes  to  her ;  if  she  dies  before  provins:  up  and  the  heirs  make  the 
proof,  the  title  will  vest  in  them. 

Where  both  parents  die,  leaving  infant  children,  the  homestead  may  be  sold 
for  cash  for  the  benefit  of  such  children,  and  the  purchaser  will  receive  title 
from  the  United  States,  or  the  patent  will  issue  to  the  infants  on  proof  of  set- 
tlement or  cultivation  for  the  prescribed  period. 

Under  the  act  of  Congress  of  June  8,  1SS0,  parties  whose  homestead  entries 
were  regularly  made  according  to  law,  and  who  afterwards  became  insane,  may 
be  represented  for  making  final  proof  and  perfecting  their  entries  by  any  person 
whose  authority  to  act  for  them  during  their  disability  shall  be  duly  certified 


12G  MATTIIKWS  S    GUIDE. 

under  Beal  of  the  proper  probate  court.  This  ad  will  not  be  construed  to  cure 
feilur  ply  with  the  law  where  the  failure  occurred  prior  to  the  insanity 

■  claimant.    Final  proof  will  not  !  I  until  the  expiration  of  the 

five  years,  but  proof  of  residence  and  cultivation  will  be  required  to  cover  only 
I  prior  to  such  insanity.    If  a  claimant  becomes  insane  afler  expira- 
tion of  the  period  of  residence,  etc.,  the  act  will  be  construed  to  permit  his 

lian  to  act  for  him  within  the  time  in  which  he  might  have  made  final 
entry  himself.    The  proof  must  -how  the  regularity  of  the  entry,  and  ther< 
that  the  claimant  was  either  a  citizen  or  had  filed  his  declaration  to  becomi 
according  to  the  naturalization  laws  at  date  of  entry,  hut  further  proof  will  not 
be  required  as  to  citizenship. 

SALE  OF   HOMESTEAD    NOT   RECOGNIZED. 

The  sale  of  a  homestead  claim  by  the  settler  to  another  party  before  com- 
pletion of  title  is  not  recognized  by  the  United  States,  and  vests  no  title  or  equi- 
ties in  the  purchaser.  In  making  final  proof,  the  settler  is  by  law  required  to 
Fwear  that  no  part  of  the  land  has  been  alienated,  except  as  provided  in  sec- 
tion 22S8  of  the  Revised  Statutes,  for  church,  cemetery,  or  school  purposes,  <>r 
the  righl  of  way  of  railroads.  So  far,  however,  as  regards  homestead  entries 
made  prior  to  the  15th  June,  18S0,  for  lands  properly  subject  to  such  entry,  the 
second  section  of  the  act  of  Congress  of  that  date  provides  that  the  persons  to 
whom  the  rights  of  those  having  so  entered  for  homesteads  may  have  heen 
attempted  to' he  transferred  by  bona  fide  instruments  in  writing  may  entitle 
themselves  to  said  lands  by  paying  the  government  price  therefor  less  the  fee 
and  commissions  paid  on  the  entries. 

ABANDONMENT   OF    HOMESTEAD. 

As  the  law  allows  but  one  homestead  privilege,  a  settler  relinquishing  or 
abandoning  his  claim  cannot  thereafter  make  a  second  entry  ;  although  where 
an  entrv  is  canceled  as  invalid  for  some  reason  other  than  abandonment, 
and  not  the  willful  act  of  the  party,  he  is  not  thereby  debarred  from  enti 

a<_'ain,  if  in  other  respects  entitled,  and  may  have  the  lcc  and  commissions  paid 
on  the  canceled  entry  refunded  on  proper  application  under  the  act  of  June  16, 
1SS0. 

DUTIES  OF   REGISTERS   AND   RECEIVERS   ON   RELINQUISHMENTS   BEING   FILED. 

By  the  first  section  of  the  act  of  May  14,  TSS0.it  is  enacted  "  that  when  a  pre- 
emption, homestead,  or  timber-culture  claimant  shall  file  a  written  relinquish- 
ment of  hifl  claim  in  the  local  land  office,  the  land  covered  by  such  claim  shall 
he  held  as  open  to  setl  lement  and  entry,  without  further  action  on  the  part  of 
the  I  mer  of  the  General  Land  Office."    The  district  land  officers  are 

Instructed  nottoat pi  or  act  upon  any  relinquishment,  unless  made  before 

them,  which  has  not  hen  duly  subscribed  by  the  claimant  on  the  hack  of  his 
duplicate  receipt,  and  acknowledged,  witne  sed,  and  executed  in  the  manner 
requisite  under  laws  of  the  State  or  Territory  in  which  the  land  is  siuiatcd  for 
the  valid  transfer  of  real  estate.  In  Case  of  the  lossof  the  duplicate  receipt  an 
affidavit  of  such  loss  must  accompany  the  written  relinquishment 

Immediately  upon  a  relinquishment,  duly  executed  as  above,  being  received 
at  their  office,  the  register  will  note  on  the  relinquishment,  over  his  signature, 
the  day  and  hour  of  its  receipt,  will  write  the  words  "canceled  hy  relinquish- 
ment" (giving  date)  opposite  the  record  of  the  entry  in  t  lie  tract  hook,  tin.  regis- 
ter of  entries,  and  the  register  of  receipts,  and  draw  a  line  over  the  nun  her  of 
the  entrv  on  the  township  plat. 

On  Monday  of  each  week  they  are  directed  to  transmit  to  the  General  Land 
Office  all  the"  relinquishments  winch  have  heen  accepted  by  them  during  the 
preceding  week,  when  the  relinquishment  shall  have  been  received  and  noted 
as  above,  they  will  bold  the  land  embraced  in  tlie  relinquished  entry  as  subject 
to  settlement  or  entry  hy  the  first  legal  claimant. 


MATTHEWS'S    GUIDE.  127 

ABANDONMENT   OF    HOMESTEAD CONTESTS. 

Where  application  is  made  to  contest  the  validity  of  a  homestead  entry  on 
the  ground  of  abandonment,  the  party  must  file  his  affidavit  with  the  district 
land  officers,  setting  forth  the  allegations  on  which  his  application  is  founded 
describing  the  tract  and  giving  the  name  of  the  settler.  Upon  tins  the  officers 
will  set  apart  a  day  for  hearing,  giving  all  the  parties  in  interest  due  notice  of 
the  time  and  place  of  trial. 

In  cases  of  inability  to  make  personal  service  of  the  notice,  and  when  it  be- 
comes necessary  to  serve  it  by  publication,  the  act  of  Congress  of  June  3,  1878, 
-directs  that  the  same  shall  "  be  printed  in  some  newspaper  in  the  county  where 
the  land  in  contest  lies;  and  if  no  newspaper  be  printed  in  such  county,  then 
in  the  newspaper  printed  in  the  county  nearest  to  such  land."  After  the  trial 
the  land  officers  will  transmit  the  testimony,  with  their  joint  report,  for  the 
action  of  the  General  Land  Office,  according  to  Rules  of  Practice  approved  Au- 
gust 13,1885. 

The  contestant  must  defray  the  expenses  incident  to  such  a  contest  if  brought 
under  the  second  section  of  the  act  of  Congress  of  May  14, 1880,  before  referred 
to,  and  if  he  succeeds  in  the  contest,  and  procures  the  cancellation  of  the  entry, 
he  will  be  notified  thereof,  and  for  a  period  of  thirty  clays  from  such  notice 
will  be  allowed  a  preference  right  to  institute  a  claim  to  the  land  over  any 
other  person  who  may  desire  to  do  so. 

PRE-EMPTION    FILING  MAY   BE  CIIANGED   INTO   A   HOMESTEAD    ENTRY. 

When  an  individual  has  made  settlement  on  a  tract  and  filed  his  pre-emption 
declaration  therefor  he  may  change  his  filing  into  a  homestead  if  he  contin- 
ues in  good  faith  to  comply  with  the  pre-emption  laws  until  the  change  is 
effected  ;  and  by  an  act  of  Congress  of  May  27.  1878,  the  time  during  which  the 
party  has  resided  upon  and  claimed  the  land  as  a  pre-emptor  will  be  credited 
upon  the  period  of  residence  and  cultivation  required  under  the  homestead  law. 
In  so  doing  he  is  required  in  his  first  homestead  affidavit  to  set  forth  the  fact 
of  a  previous  pre-emption  filing,  the  time  of  actual  residence  thereunder,  and 
the  intention  to  claim  the  benefit  of  such  time  as  provided  for  in  the  act.  In 
making  final  proof  on  his  homestead  entry  he  is  required,  in  addition  to  the 
usual  affidavit  and  proof,  to  make  the  prescribed  "  pre-emption  homestead  affi- 
davit." But  he  is  entitled  to  the  same  credit  for  such  time  under  bis  homestead 
■entry  alone  by  act  of  May  14, 1S80,  if  there  is  no  adverse  claim. 

HOMESTEAD   MAY  BE   COMMUTED    AT    THE   END    OF    SIX    MONTHS  WITH   CASH,   SCRIP, 

OR    LAND   WARRANTS. 

If  the  homestead  settler  doeg  not  wish  to  remain  five  years  on  his  tract,  the 
law  permits  him  to  pay  for  it  with  cash  or  warrants  or  agricultural  college  scrip, 
upon  making  proof  of  settlement  and  cultivation  for  a  period  of  not  less  than  six 
months  to  the  time  of  payment ;  or  payment  may  now  be  made  with  private 
claim  scrip  under  the  act  of  January  28,  1879. 

This  proof  of  actual  settlement  and  cultivation  must  be  the  affidavit  of  the 
party  (in  prescribed  form)  made  before  the  district  officers,  in  addition  to  the 
testimony  usual  hi  making  final  homestead  proof  (in  prescribed  form),  or  the 
party  may,  under  the  act  of  June  9, 1880,  make  the  required  affidavit  before  the 
clerk  of  any  court  of  record  of  the  county  and  State  or  district  and  Territory  in 
which  the  land  is  situated ;  or  if  in  any  unorganized  county,  he  may  make 
such  affidavit  in  a  similar  manner  in  any  adjacent  county  in  the  State  or  Terri- 
tory. 

ACT  OF  JUNE  15,  1880. 

A  further  right  of  making  cash  payment  for  lands  originally  entered  as  a 
homestead  accrues  under  the  act  of  June  15, 1880  (21  Stat.,  237)",  which  allows 
any  party  who  had  entered  a  homestead  prior  to  that  date  (or  any  person  to 


128  MAI  1  III  \\>'-    GUIDE. 

whom  such  party  may  haw  attempted  to  transfer  hi-  right  l>y  a  bona  fid* 
instrument  in  writing)  to  pay  the  government  price  (leas  the  fee  and  costs)  for 
the  land  covered  by  Buch  entry,  provided  it  was  originally  subject  to  entry, and 
provided  it  had  uot  been  subsequently  entered  by  any  oilier  person  under  the 

provisions  of  law.    (Maughn,  1  L.  I).,  ~:> ;  .Miller,  ibid.,  57 ;  Weaver,  ibid., 
Bishop,  ibid,  (>:»).    He  cannot,  however,  be  permitted  to  exercise  such  right  so 
as  to  bar  the  preferred  right  of  a  contestant  under  act  of  May  1 1,  1880  (21  Stat., 

140).  after  contest  initiated.     (Fivi.-e  VS.  Eobson,  4  L.  D.,  5S0.) 

In  case  th iginal  homestead  party  applies  to  purchase,  if  he  has  lost  his 

duplicate  receipt,  he  must  make  oath  that  he  has  not,  prior  to  the  passage  of 
aaid  act.  transferred  nor  attempted  to  transfer  his  homestead  rights  under  said 
entry,  and  that  he  has  aot  assigned  his  right  to  receive  the  payment  of  th' 
commissions,  or  excess  payment  paid  thereon.  The  register  will  certify  to 
the  receiver  the  amount  to  be  allowed  as  credit  for  fee  and  commissions 
already  paid,  the  applicant  first  making  oath  that  said  fee  and  commissions 
have  not  been  repaid,  and  that  no  application  for  such  repayment  has  been 
made.  In  case  he  had  attempted  to  transfer  his  right  he  may  still  be  permitted 
to  purchase,  upon  filing  proof  of  the  consent  of  the  person  to  whom  such 
transfer  was  attempted  to  be  made. 

ATTEMPTED   TRANSFER   OF    HOMESTEAD    RIGHTS. 

In  ca?e  a  party  to  whom  a  homestead  settler  has  attempted  to  transfer  his 
right  desires  to  take  advantage  of  the  act,  the  register  and  receiver  will  require 
the  instrument  in  writing  by  which  it  was  Bought  to  transfer  such  homestead. 
right  to  be  filed,  together  with  the  best  evidence  attainable  of  the  bona  fide 
character  of  the  transfer,  including  the  affidavit  of  the  party  who  seeks  to  pur- 
chase. 

In  case  of  doubt  as  to  the  propriety  of  allowing  the  application  to  purchase, 
they  should  refer  all  the  papers  to  title  General  Land  Office,  accompanied  by  an 
expression  of  their  opinion  based  upon  a  full  recital  of  the  facts. 

FORM    OF   ENTRY. 

The  application  must  he  made  as  in  ordinary  cash  entry  (in  form  prescribed), 
and  must  be  accompanied  by  the  receiver's  duplicate  homestead  receipt,  or,  if 
that  has  been  lost  or  destroyed,  by  an  affidavit  setting  forth  such  fact,  and  giv- 
ing the  register's  and  receiver's  number  and  date  of  the  original  homestead 
entry.  It  must  also  be  stated  in  the  application  that  the  same  is  made  under 
the  -  lion  of  the  act  of  June  15,  L880. 

Entries  under  said  second  section  will  receive  current  register's  and  receiver's 
numbers  in  th"  regular  cadi  series,  and  will  he  returned  in  the  same  manner  as 
in  other  c  b  entry,  referring,  however,  in  each  instance,  on  the  cash 

abstracts,  certificates,  and  receipts,  to  the  date  of  the  act  authorizing  the  entry, 
the  register's  and  receiver's  number  of  the  original  homestead  application,  ami 
tin-  amount  allowed  as  credit  for  fee  and  <•>  immissions,  as  follows :  "  Act  .June 
15,  ls^'».  Original  homestead  entry  No. — .  Credit  for  fee  and  commissions, 
$ ." 

I    oal  homestead  proof  not  being  required  in  these  rases,  no  advertisement  or 

ii' it  i' f  intention  to  make  final  proof  is  necessary,  and  no  final   homestead 

re  t"  he  paid  or  collected, 

Warrants  and  scrip  made  receivable  by  law  for  lands  subject  to  sale  at  private 
entry,  or  in  commutation  of  homestead  or  pre-emption  rights,  are  receivable 

for  lands  purchased  under  thi.- 

Where  land  purchased  under  this  act  is  paid  for  with  warrants  or  scrip  there 

would  be  no  claim  for  repayment  on  account  of  the  fee  and  commissions  paid 
on  the  original  homestead  entry ;  and  the  existing  rule  must  he  observed,  that 

when;  the.  value  of  warrants  or  scrip  exceeds  that  of  the  lands  entered  there- 
with no  payment  on  account  of  such  excess  is  authorized,  but  the  warrant  or 
scrip  applied  must  be  fully  surrendered 


MATTHEWS'S   GUIDE.  129 

ADJOINING    FARM    HOMESTEADS — HOW   ENTERED. 

There  is  ;i  class  of  homesteads  designated  as  "adjoining  farm  homesteads." 
In  these  eases  the  law  allows  an  applicant  owning  and  residing  on  an.  original 
farm  to  enter  other  land  lying  contiguous  thereto,  which  shall  not,  with  such 
farm,  exceed  in  the  aggregate  160  acres.  Thus,  for  example,  a  party  owning  or 
occupying  80  acres  may  enter  80  additional,  without  regard  to  price,  whether 
held  at  $1.25  or  $2.50  per  acre ;  or,  if  owning  40  acres,  he  may  enter  120  acres 
additional  of  land  held  at  $1.23  per  acre,  or  of  land  held  at  $2.50  per  acre,  where 
1(30  acres  is  now  the  maximum  quantity  of  double  minimum  land  subject  to 
homestead  entry,  but  cannot  exceed  the  maximum  of  80  acres  where  the  land 
proposed  to  be  entered  is  held  at  $2.50  per  acre,  and  where  80  acres  is  still  the 
legal  maximum  in  reference  to  that  class  of  lands,  under  section  2280  of  the 
Revised  Statutes  as  modified  by  the  acts  of  Congress  of  March  3,  1870,  July  1, 
1879,  and  June  15,  18S0,  before  mentioned. 

In  applying  for  an  entry  of  this  class  the  party  must  make  affidavit  describ- 
ing the  tract  which  he  owns  and  upon  which  he  resides  as  his  original  farm. 
In  making  final  proof  it  is  not  required  that  he  should  prove  actual  residence 
on  the  separate  tract  entered  ;  but  if  he  does  not  it  must  appear  from  the  proof 
adduced  that  he  has  continued  for  the  period  required  by  law  to  reside  upon 
and  cultivate  the  original  farm  tract,  making  use  of  the  entered  tract  as  a  part 
of  the  homestead. 

soldiers'   homesteads. 

A  Union  soldier  or  sailor  of  the  late  war,  or  his  widow,  making  entry,  is  en- 
titled to  a  deduction  from  the  five  years  of  the  length  of  time  (not  exceeding 
four  years)  of  his  military  service.  But  the  soldier  (or  his  widow,  as  the  case 
may  be,)  must  actually  reside  on  the  land  at  least  one  year  before  final  proof 
can  be  made. 

In  case  of  the  death  of  the  soldier,  and  the  death  or  remarriage  of  the  widow, 
the  minor  children  of  the  soldier,  by  a  duly-appointed  guardian,  are  entitled  to 
the  privileges  of  the  father. 

Neither  the  guardian  nor  the  minor  children  are  required  to  reside  upon  the 
land,  but  the  same  must  be  cultivated  and  improved  for  the  period  of  time  dur- 
ing which  the  father  would  have  been  required  to  reside  upon  the  tract. 

The  soldier  may  file  a  declaratory  statement  for  a  tract  of  land  which  he  in- 
tends to  enter  under  the  homestead  laws.  The  fee  is  $2,  except  in  the  Pacific 
States  and  Territories,  where  the  fee  is  $3. 

This  statement  may  be  filed  either  personally  or  by  an  agent,  and  the  soldier 
is  thereafter  allowed  six  months  within  which  to  make  his  entry  and  commence 
his  settlement  and  improvement. 

The  entry  can  be  made  only  by  the  soldier  in  person  at  the  local  land  office, 
and  he  must  commence  his  settlement  on  the  land  within  six  months  after  his 
filing,  and  must  continue  to  reside  on  the  land  and  cultivate  it  for  such  period 
as,  added  to  his  military  service,  will  make  five  years.  But  he  must  actually 
reside  upon  the  land  at  least  one  year,  whatever  may  have  been  the  period  of 
his  military  service. 

Entries  cannot  be  made  for  a  soldier  by  an  agent  or  attorney. 

After  a  declaratory  statement  has  once  been  tiled,  whether  by  an  agent  or  other- 
wise, the  soldier  cannot  file  again.  His  rights  are  exhausted  by  the  first  filing, 
and  if  he  does  not,  within  six  months,  make  his  personal  entry  at  the  land  office, 
and  commence  his  settlement  as  required  by  law,  he  obtains  no  right  to  the 
land,  and  his  homestead  right  is  exhausted  by  the  filing. 

A  soldier's  homestead  declaratory  statement  for  a  tract  of  land  does  not  pre- 
vent anybody  else  from  making  an  entry  of  the  same  land,  subject  to  such  i  ight 
as  the  soldier  may  acquire  by  virtue  of  actual  residence  on  the  land  and  full 
compliance  with  law.  If  the  soldier  does  not  establish  his  residence  on  the 
tract  as  required,  the  next  comer  may  take  the  land. 

Soldiers  are  not  entitled  to  land,  nor  to  bounty  land  warrants,  for  their  mili- 
tary service  in  the  late  war,  nor  can  title  to  land  be  obtained  for  them  by  agents 


130  MATTHEWS'8    GUIDE. 

or  attorneys.  All  representations  to  the  contrary  are  false,  and  soldiers  and 
Bailors  are  warned  against  imposition  by  parties  who  offer  to  locate  land  for 
them,  or  to  Bell  their  rights  for  them. 

BOLDIBRS1   AND  BAILORS*   ADDITIONAL   HOMESTEAD  ENTRIES. 

-    t  i .  -ii  2306  of  the  Revised  Statutes  of  the  United  States  provides  that  any 
in  entitled  to  make  a  homestead  entry  under  section  2304  (providing  foi 

the  1»  ii' lit  of  soldiers  and  sailors  of  the  late  wan.  who  had,  prior  to  June  22, 
1874,  made  B  homestead  entry  of  less  than  160  acres,  may  enter  an  additional 
quantity  of  land  sufficient  to  make,  with  the  previous  entry,  160  acres. 
The  right  granted  by  this  section, and  extended  by  section  2307  to  the  widow, 

if  unmarried,  or  otherwise  to  the  minor  orphan  children  by  proper  guardian, 
is  a  personal  one  and  is  not  transferable,  nor  suhject  to  assignment  or  lien,  nor 
can  it  he  exercised  by  another.  It  can  lawfully  be  exercised  only  by  the  sold- 
ier i  .i  Bailor,  or  by  the  widow  or  guardian,  as  the  case  may  he,  in  his  or  her  own 
proper  person. 

The  practice  which  formerly  prevailed  of  certifying  the  additional  right  as 
information  from  the  records'  of  the  <  ieneral  Land  Office  ami  permitting  the 
entry  to  be  made  by  an  agent  or  attorney  is  discontinued. 

The  following  regulations  will  hereafter  he  strictly  observed  : 

1.  The  partydesuing  to  make  an  additional  entry"  and  being  entitled  thereto, 
inusl  present  himself  at  the  land  office  of  the  district  in  which  the  land  he 
wishes  to  enter  is  situated,  and  make  Ins  application  in  the  same  manner  as 
in  case  of  an  original  entry.     (Form  prescribed.) 

2.  In  addition  to  the  usual  homestead  affidavit,  the  claimant  must  make  a 
Bpecial  affidavit  showing — 

First  His  identity  as  the  soldier  he  represents  himself  to  be,  reciting  his 
military  service,  and  Btating  his  present  residence  and  post-office  address. 

>i ad.  The  facts,  jn  detail,  respecting  his  right  to  make  the  additional  entry, 

and  that  lie  has  fully  complied  with  the  provisions  of  the  homestead  laws  in 
the  matter  of  residence  upon  and  cultivation  and  improvement  of  his  original 
entry,  and  whether  or  not  he  has  proved  up  his  claim  and  received  a  patent  for 
the  land. 

Third.  That  he  has  not  in  any  manner  previously  exercised  his  additional 
right  either  by  entry  or  application,  or  by  sale,  transfer,  or  power  of  attorney, 
hut  that  the  same  remains  in  him  unimpaired. 

3.  The  foregoing  affidavits  must  he  sworn  to  and  subscribed  in  the  presence  of 
the  register  or  receiver.  This  rule  must  he  strictly  adhered  to  in  order  to  avoid 
false  personation  ;  and  applications  and  affidavits  presented  to  the  register  and 
receiver  with  signatures  attached  will  not  ii<  received, 

4.  These  rules  will  not  be  deemed  to  apply  to  cases  where  the  additional 
right  has  heretofore  heen  certilied  by  the  General  Land  Office,  nor  to  cases 
now  pending,  or  tiled  in  that  office  prior  to  March  10,  1883. 

ADDITIONAL  HOMESTEAD   ENTRIES   IX   RAILROAD   LIMITS. 

The  act  of  March  8, 1879,  in  addition  to  its  provisions  already  referred  to. 
provides,  /<v.'.  that  "any  person  who  has  under  existing  laws  taken  a  home- 
Ion  any  even  section   within   the  limits  of  any  railroad   or  military  road 
land  grant,  and   who   by  existing  laws  shall   have  heen   restricted   to  so  acres, 
may  enter  under  the  hom<  Stead  laws  an  additional  SO  acres  adjoin  in::  the  land 

embraced  in  his  original  entry,  if  such  additional  land  be  subject  to  entry." 
without  payment  of  lees  and  commissions,  and  that  "the  residence  and  culti- 
vation of  such  person  upon  and  of  the  land  embraced  in  his  original  entry 
shall  be  considered  residence  and  cultivation  for  the  same  length  of  time  upon 
and  of  the  land  embraced  in  his  additional  entry,  and  shall  he  deducted  frop 
the  live  pears'  residence  required  by  law,"  with  the  proviso,  however,  thai  in 
do  case  shall  patent  issue  "until  the  person  has  actually,  and  iii  conformity 
with  the  homestead  laws,  occupied,  resided  upon,  and  cultivated  the  land  "  em- 


MATTHEWs'.S    GUIDE.  131 

braredin  his  additional  entry  "at  least  one  year."    The  act  of  July  1,1870,  is  simi- 
lar in  effect  as  to  lands  in  Arkansas  and  Missouri. 

Upon  any  party  proposing  to  enter  an  additional  tract  under  these  provis- 
ions, the  register  and  receiver  will  require  him  to  submit  proof  which  snail  set 
forth  the  particulars  of  his  existing  entry  and  of  his  compliance  with  the  legal 
requirements  regarding  the  same,  according  to  the  form  provided  for  use  in 
making  linal  proof,  4-369,  as  also  to  swear  that  he  did  not  serve  in  the  Army 
or  Navy  of  the  United  States  during  the  late  civil  war  for  ninety  days  or  more, 
as  the  class  of  persons  who  thus  served  were  not  restricted  to  eighty  acres  under 
previously  existing  laws,  and,  therefore,  are  not  entitled  to  the  benefits  of  the 
acts  referred  to,  and  to  make  homestead  application  and  aifidavit  according  to 
forms  prescribed.  The  required  proof  is  found  necessary  to  ascertain  the.  status 
of  the  original  entry  at  the  date  of  application  for  the  benefit  of  the  said  acts, 
and  also  the  credit  for  residence  and  cultivation  to  which  the  party  who' 
made  the  same  may  be  entitled,  according  to  their  provisions,  in  perfect- 
ing his  title  under  tne  additional  or  new  entry  to  be  allowed,  without  waiting 
the  arrival  of  the  time  when  final  proof  on  the  latter  is  to  be  made.  With 
reference,  however,  to  cases  in  which  final  proof  on  the  original  entries  has 
been  made  and  the  certificates  issued,  the  requirement  of  proof  as  herein  directed 
may  be  omitted,  and  in  lieu  thereof  a  reference  made  in  reporting  the  case  to 
the  certificate  issued,  giving  its  number  and  date,  so  that  it  may  be  identified 
on  the  records  of  this  office. 

These  requirements  having  been  complied  with,  the  register  and  receiver  will 
then,  if  they  find  his  original  entry  to  be  intact  on  their  records,  whether 
patented  or  not,  and  if  no  objection  appears  in  any  respect,  allow  the  entry 
applied  for,  note  the  same  on  their  records,  giving  it  the  proper  number  in  the 
regular  homestead  series,  and  report  it  with  their"  monthly  homestead  returns, 
indicating  its  character  as  an  additional  entry  under  said  act  on  the  margin  of 
their  monthly  abstracts,  with  a  reference  to  the  original  entry  by  its  number, 
and  the  description  of  the  land.  The  money  columns  in  the  abstracts  will  of 
course  be  left  blank,  since  there  will  be  no  fees  and  commissions  paid. 

In  this  class  of  entries  the  party,  if  still  resident  on  the  original  entry  tract, 
will  not  be  required  to  remove  therefrom  to  the  additional  entry  tract  in  order 
to  make  a  new  residence  on  the  latter,  as  the  two  forming  one  body  of  land, 
residence  on  either  will  be  regarded  as  satisfying  the  legal  requirement ;  but  in 
making  final  proof  on  the  additional  entry  the  party  must  show  such  residence, 
with  occupancy  and  cultivation  of  the  tract  taken  as  additional  under  said  act, 
for  five  years  from  the  date  of  entry  thereof,  less  the  time  to  be  deducted  on 
account  of  residence  and  cultivation  on  the  original  entry,  which  shall  not  ex- 
eeed  four  years  in  any  case. 

[The  act  of  May  6,  1886,  dispenses  with  the  requirement  of  any  proof  in  this 
class  of  additional  entries  where  the  proof  is  satisfactory  on  the  original  entry.] 

Second.  The  acts  further  provide  that  should  the  person  so  electThe  may,  in- 
stead of  making  an  additional  entry,  "  surrender  his  existing  entry  to  the  United 
States  for  cancellation,  and  thereupon  bo  entitled  to  enter  lands  under  the 
homestead  laws  the  same  as  if  the  surrendered  entry  had  not  been  made,"  with 
the  same  provisions,  as  regards  fees  and  commissions  not  being  required,  and 
requiring  settlement  and  cultivation,  occupation,  and  residence,  as  have  been 
.already  stated  with  regard  to  additional  entries.  In  case  of  any  party  elect- 
ing to  surrender  his  entry  under  this  act,  the  register  and  receiver  will  receive 
his  relinquishment,  which  shall  specify  for  what  purpose  made,  and  be  accom- 
panied by  the  duplicate  receipt  issued  for  the  relinquished  entry,  or  by  a  state- 
ment under  oath  showing  a  good  reason  for  its  absence,  report  the  case  in  a 
special  letter  to  the  General  Land  Office,  and  await  instructions  before  proceed- 
ing further  in  the  matter.  Relinquishments  may  be  made  in  the  same  manner 
hereinbefore  provided  for. 

Parties  how  contemplating  the  making  of  homestead  entries  for  the  first  time 
have  no  interest  in  the  acts  of  March  3, 1879,  and  July  1, 1879,  as  they  affect  only 
such  as  made  entries  prior  to  their  respective  dates. 


132  MATTIIEWS'S    GUIDE. 

BXTTFEREBS   ri:.>M   QRASSHOPPEBfl. 

Tho  first  section  of  theactof  July  1,  is?!),  "lor  the  relief  of  settlers  on  the 
public  lands  in  districts  rabjecl  to  grasshopper  incursions,"  provided  tluit  horne- 

and  pre-emption  settlers  on  public  lands  where  crops  have  been  destrt 
or  Beriously  injured  by  grasshoppers  may  leave  and  be  absent  from  said  lands 
for  a  period  uot  to  exceed  one  year  continuously,  under  Bucb  rules  and  regula- 
tions as  the  Commissioner  of  the  General  Land  Office  shall  prescribe,  being 
allowed  afterward  to  resume  and  perfect  their  settlement  as  though  qobucd 
ace  had  occurred.  The  second  section  provided  that  the  time  tor  making 
final  proof  and  payment  by  pre-emptors  whose  crops  had  been  destroyed  or 
injured  as  aforesaid  might,  at  the  discretion  of  the  Commissioner,  be  extended 
for  one  year.     (21  Stat,  48.) 

The  proof  required  in  the  first  section  of  said  act  should  consist  of  the  affi- 
davit of  the  claimant,  giving  the  particulars  of  the  alleged  destruction  or  serious 
injury  of  crop-  by  grasshoppers,  and  the  affidavits  oi  two  or  more  witn< 
corroborative  thereof,  and  should  be  submitted  at  time  of  making  final  proof 
through  the  register  and  receiver  of  the  proper  district  land  office.  The  par- 
ticulars given  should  be  such  as  to  admit  of  a  decision  whether  the  absence 
was  justified  by  law  or  not,  and  should  indicate  at  what  time  the  party  left  the 
land  and  when  he  resumed  his  settlement. 

A  settler  desiring  to  take  advantage  of  the  provisions  of  this  act  should 
file  with  the  register  and  receiver  a  written  notice  of  intended  absence,  bearing 
his  own  signature,  and  embracing  a  statement  that  he  had  sustained  lose  or 
failure  of  his  crops.  This  should  be  noted  on  the  tract  books,  for  the  protection 
of  the  claimant  and  the  information  of  parties  who  might  otherwise  make  set- 
tlement and  attempt  to  obtain  title. 

Settlers  desiring  the  extension  of  time  provided  for  in  the  second  section  of 
the  act  should  apply  therefor  through  the  same  officers,  the  application  to  be 
supported  by  the  same  character  of  proof. 

The  affidavits  required  in  cases  arising  under  said  act  should  be  made  before 
the  register  or  receiver  of  the  district  land  office,  or  before  any  officer  using  a 
seal  and  authorized  to  administer  oaths. 

IIOMKSTEAD  RULINGS. 

The  claim  of  the  settler  is  initiated  by  entry  of  the  land.  *l  L.  D.,  .'JO;  No. 
1637;  but  now  may  be  by  settlement;  see  Nos.  271,  626. 

Right  of  entry  protected  by  the  act  of  May  11,  18S0.     1  L.  D.,83 ;  No.  -71. 

Laws  liberally  construed.     1  L.  D.,  ('.:; ;  No.  252. 

Entry  will  be  canceled  at  the  expiration  of  seven  years  if  proof  is  not  sub- 
mitted after  due  notice.    1  L.  P.,  Hi';  No.  852. 

Right  of  one  now  in  military  or  naval  Bervice  to  take,  dependent  upon  his 
ability  to  comply  with  the  requirements  of  the  law.    I  L.  D.,  98;  No.  288. 

Order  of  succession  on  death  of  entryman.     1  L.  D.,  64,  86;   Nos.  253,  276. 

Entryman  cannot  by  will  defeat  tie'  rights  of  the  minor  children.  1  L.  I)., 
80;  No'.  L'7(i. 

I I  vise  of,  ma  t  be  of  the  land  and  not  of  the  proceeds  from  the  sale  thei 
1  1..  D.,84;  No.  :_>:,:;. 

A  d  entitled  to  the  same  privileges  that  would  descend  to  the  heirs. 

1  L  D.,  !7;  No.  s:,'-,. 

deceased  entryman  must  show  cultivation  for  the  statutory  period. 
1  L  D.,636;  No.  213. 

Entryman  cannot  by  will  defeat  the  statutory  succession  of  the  minor  chil- 
dren,   i  L  I>..  n  ;  \'o".  l':;d. 

Right  of  commutation  nol  defeated  by  failure  to  establish  residence  within 
ter  entry.     1  L.  D.,  89;  No,  229  518/556, 

n1  conferred  upon  Indians  by  act  of  March  .;,  L875.     1  L.  D.,  d'.d  ;  No. 
1010;  s.e  also  Nos.  !■>,  79,  001,  (^37,  663,  665. 

*[TIk.-  references  are  to  the  volume  and  page  of  Departmental  Laud  Dueisionaand  the 
niunucr.s  of  decision*  In  Matttiows  aud  Conway1*  lM^'est,] 


MATTHEWS'S    GUIDE.  133 

Entry  by  the  sister  of  a  receiver,  is  not  necessarily  invalid.  2  L.  D.,  105  ;  No. 
301. 

By  the  wife  of  an  insane  person  as  head  of  a  familv,  her  husband  being 
civilly  dead.    2  L.  D.,  102;  No.  355. 

Not  by  a  married  woman.    2  L.  D.,  112 ;  No.  300. 

Where  husband  and  wife  settled  on  and  improved  a  tract,  and  afterwards 
the  wife  made  entry  of  it,  under  a  mistake  as  to  the  law,  said  entry  is  canceled, 
with  privilege  to  the  husband,  if  qualified,  to  enter  in  his  own  name,  and  to 
have  his  right  relate  back  to  date  of  settlement.    2  L.  D.,  112;  No.  341. 

By  a  widow,  in  her  own  right,  whilst  continuing  to  cultivate  the  homestead 
of  her  deceased  husband.    2^L.  D.,  169  ;  No.  293. 

By  a  minor,  as  head  of  a  family.    2  L.  D.,  82 ;  No.  409. 

By  one,  in  his  own  right,  who  has  already  made  final  proof,  as  the  minor  or- 
phan child  of  a  deceased  soldier.    2  L.  D.,  99  ;  No.  302. 

By  one  whose  former  entry,  made  prior  to  his  majority,  was  canceled.  2  L. 
D.,  113  ;  No.  274. 

A  second  entry  is  allowed,  where  the  land  first  entered  fails  to  produce 
crops  by  reason  of  lack  of  rainfall  or  unfitness  of  soil.    2  L.  D.,  171 ;  No.  339. 

By  one  whose  prior  entry  was  canceled,  on  his  own  request,  because  the  land 
covered  by  it  was  occupied  and  improved  by  family  of  a  settler,  who  had  be- 
come insane  after  settlement  without  applying  for  it.    2  L.  D.,  102 ;  No.  335. 

Not  by  one  who  relinquished  a  homestead  because  of  the  ravages  of  grass- 
hoppers.   2  L.  D.,  141  ;  No  382. 

By  one  who  went  upon  the  land  as  the  tenant  of  another,  where  there  is  no 
fraud,  and  where  the  latter  has  made  no  claim  to  it  and  has  absented  himself. 
2  L.  U.,  135 ;  No.  356. 

By  one  who  had  filed  on  the  land ;  such  an  entry  operates  as  a  waiver  and 
withdrawal  of  the  pre-emption  claim.    2  L.  D.,  504  ;  No.  1435. 

A  deserted  wife  or  child  may  not  make  final  homestead  proof,  or  commute, 
or  purchase  under  act  June  15,  1889,  or  obtain  patent,  in  her  or  his  own  right, 
by  virtue  of  the  husband's  or  father's  entry.    2  L.  D.,  78 ;  No.  360. 

Rules  to  be  observed  in  cases  of  desertion : 

1.  If  wife  maintains  her  residence,  no  one  but  her  shall  be  heard  to  allege 
desertion,  in  proof  of  change  of  residence  or  abandonment,  for  seven  years 
after  entry. 

2.  If  she,  within  said  seven  years,  proves  desertion,  she  may  enter  the  land 
in  her  own  name,  if  the  head  of  a  family,  or  if  she  has  the  right  to  acquire  real 
property  as  feme  sole. 

3.  If  she  does  not  make  such  entry  she  may  make  final  proof  in  his  name, 
as  his  agent,  with  her  own  affidavit  to  non-alienation ;  the  entry  to  be  sub- 
mitted to  the  Board  of  Equitable  Adjudication. 

4.  She  may,  as  his  agent,  commute  the  entry  or  purchase  under  Sec.  2,  Act  of 
June  15, 1889,  and  new  entry  shall  be  referred  to  Board  of  Equitable  Adjudi- 
cation. 

5.  Where  entryman's  wife  is  deceased,  the  foregoing  rules  shall  apply  to  his 
child,  not  twenty-one,  who  is  a  head  of  a  family.    2  L.  D.,  81 ;  No.  360. 

A  woman  deserted  her  husband,  the  homestead  entryman,  who  devised  the 
land  to  his  daughter,  resident  on  it  as  the  head  of  a  family ;  the  widow  is  equit- 
ably barred.    2  L.  D.,  82 ;  No.  409. 

Additional  entry  in  railroad  limits  by  a  deserted  wife  is  illegal.  2  L.  D.,  777 ; 
No.  344. 

Entry  allowed  contestant  while  his  contest  is  pending,  should  be  canceled ; 
(see  2  L.  D.,  244).    2  L.  D.,  55 ;  No.  305. 

May  not  be  made  by  a  third  person  pending  an  appeal  from  the  rejection  of 
a  prior  application.    2  L.  D.,  270  ;  No.  1826. 

Where  priority  of  a  settlement  is  alleged,  under  Sec.  3,  Act  of  May  14, 18S0, 
there  may  be  a  second  entry,  subject  to  an  adjustment  of  the  conflicting  claims. 
2L.  D.,  146;  No.  243. 


134  MATTHEWs's    GUIDE. 

Maybe  made  by  one  relinquishing  a  claim  (pre-emption),  pending  contest 
against  it  illegally  instituted  [by  a  party  not  in  interest).  2  L.  D.,  220;  No. 
1092;  bul  Bee  Rule!  of  Practice  inew  rale),  approved  August  13, 1885. 

By  contestant  of  a  timber-culture  claim  is  confined  to  land  in  contest,  unless 
less  than  160  acres,  when  contiguous  land  may  be  taken;  by  contestant  of  a 
homestead  claim  may  be  made  on  a  portion  of  the  land  in  contest  and  adjoin- 
ing land.    -  I..  D.,289;  No.  348;  but  see  No.  135  overruling  No.  1785  I  Bundy  i. 

May  not  be  made  on  a  tract  withdrawn  for  the  purpose  of  a  sale  under  £ 
2456,  R.  S.    2  1..  D.,242;  No.  ."•74. 

Not  allowed  on  land  improved  by  another  and  in  his  possession  by  color  of 
law.     2  1..  D.,44  ;  No.  327. 

Under  the  law  it  is  the  entry  which  reserves  the  land.  3  L.  I).,  131  ;  No. 
1450. 

The  right  exhausted  with  one  entry.    3  L.  D.,  57  ;  No.  1112. 

Entryman  mav  bring  action  for  trespass  prior  to  final  proof.  3  L.  D.,  54  ; 
No.  423. 

Land  subject  to  pre-emption  is  subject  to.    3  L.  D.,  230;  No.  438. 

And  pre-emption  claim  cannot  be  maintained  at  the  same  time.  .">  L.D.,226 ; 
No.  4: '.7. 

Not  maintained  through  the  occupancy  of  a  tenant.    3  L.  D.,  363  ;  No.  439. 

Cannot  be  made  of  land  occupied  in  good  faith  by  others.  3  L.  D.,  363 :  No 
439  ;  but  see  Nos.  490,  578,  638,  1054,  1108,  1140. 

Entry  must  be  canceled  on  death  of  entryman  without  heirs.  3  L.  D.,  384  ; 
No.  450. 

Quit-claim  deed  made  prior  to  original  entry,  for  small  part  of  claim,  does 
not  impeach  good  faith.    3  L.  D.,  284  ;  No.  414. 

Contract  to  convey  after  patent  does  not  defeat  right  of  entry.  3  L.  D.,  284  ; 
No.  414. 

Entry  made  through  agent  by  a  person  in  the  naval  service  is  within  the 
provisions  of  Sec.  2308  R.  S.    3  L.  D.,  446;  No.  I486. 

A  deserted  wife  can  assert  no  right  of  entry  based  upon  the  canceled  entry 
of  her  husband,  but  is  allowed  to  enter  in  herown  right.    3  L.  D.,  188;  No. 431. 

Circular  instructions  as  to  proceedings  to  be  observed  in  case  of  Indian  ap- 
plying to  make,  under  act  of  July  4, 1884.    3  L.  D.,  91 ;  No.  7!). 

The  third  action  of  the  act  of  May  14,  1880,  is  not  to  be  construed  as  de- 
stroying an v  vested  right  theretofore  acquired.    3  L.  D.,  131  ;  No.  1450. 

The  act  of  May  14, 1880,  does  not  apply  to  a  settlement  upon  lands  not  subject  to 
entry.    3  L.  D.,"l76;  No.  754. 

Law  must  be  construed  as  a  whole.    4  L.  D..  400,  580;  Nos.  514,  .v,o. 

No  rights  were  taken  away  by  the  enactment  of  sections  2304  and  2306  Re- 
vised Statutes.    4  L.  D.,  399 ;  No.  514. 

And  pre-emption  claim  cannot  be  maintained  at  the  same  time.  1  1-.  I  >..  26, 
462;  Nos.  479,526. 

Total  failure  to  comply  with  tin;  law  not  excused  by  poverty.  4  L.  1>.,  185; 
No.  488. 

claim  not  initiated  while  holding  as  a  tenant.     1  L.  1>.,  259 ;  No.  498. 

One  in  military  service  mav  take,  on  Bhowing  due  compliance  with  the  law. 
4  L.  I».  399;  No.  514. 

Allowed  to  one  who  lias  already  made  pre-emption  entry.  4  L.  D.,  441 ;  No 
522. 

Widow  ami  heirs  required  to  cultivate  but  not  to  reside  on  claim.  4  L.  I'.. 
433;  No. 520. 

intention  to  wrong  another  evidence  of  bad  faith.    4  L.  D.,  159;  No.  490. 
jht  to  take  timber  from  claim.    4  L.  D.,289;  No.  105. 

But  one  entry  allowed.    6  L.  !>.,  124,  133;  Nos.  561, 562. 

limited  to  unappropriated  public  land.    5  I..  J'..  172;  No.  565. 

If  the  land  is  BUbject to,  and  the  applicant  is  qualified  the  only  question 
thereafter  i-  compliance  with  the  law.    5  L.  1>.,  196;  No.  571. 

Nol  allowed  where  settlement  could  onlv  be  elicited  bv  forcible  intrusion.  ."> 
L.  D.,377;  No.  588. 


MATTHEWS's    GUIDE.  135 

Equitable  title  acquired  by  residence  and  cultivation.    5  L.  D.,  105  ;  No.  558. 

Entry  of  single  woman  not  affected  by  marriage  before  final  proof.  5  L.  1)., 
196;  No.  571. 

The  right  of  a  widow  to  make  entry  recognized,  though  holding  land  covered 
by  the  entry  of  her  husband  on  which  final  proof  has  not  been  made.  5  L. 
I)..  184;  No.  569. 

Right  cannot  be  maintained  while  holding  under  pre-emption  claim.  5  L. 
D.,  403  ;  No.  592. 

A  tract  "cornering"  upon  another  is  not  "  contiguous  "  thereto  within  the 
meaning  of  section  2289,  R.  S.    5  L.  I).,  (>83 ;  No.  608. 

Claimant  that  alleges  residence  before  required,  must  show  the  same.  5  L. 
D.,  440;  No.  1228. 

General  requirements  of  the  law  not  waived  by  the  act  of  May  14,  1880.  5 
L.  D.,  172;  No.  565. 

Claim  secured  through  concessions  made  a  conflicting  settler.  5L.  1).,  119; 
No.  560. 

Entry  does  not  authorize  general  disposition  of  timber.  5  L.  D.,  389;  No. 
2087. 

Not  allowed  where  the  evident  purpose  was  to  wrongfully  secure  the  improve- 
ments of  another.    5  L.  D.,  377  ;  No.  588. 

Terms  of  the  law  must  be  complied  with  though  the  entry  may  be  of  land  re- 
quiring irrigation.    5  L.  D.,  296;  No.  585. 

Claim  of  one  that  fails  in  residence  will  not  defeat  a  pre-emptor  that  has  not 
filed.    5  1,1),  188;  No.  1218. 

Additional  entry  under  the  acts  of  1S79,  as  amended  May  6,  1866.  Circular 
of  July  26,  1886.    5  L.  D.,  128  ;  No  114. 

i    "  Boxing"  pine  trees  not  cultivation  under  homestead  law.    5  L.  D.,  389;  No. 
2087. 

Requirements  : 

The  law  insists  on  the  cultivation  for  five  years,  even  during  periods  when 
his  absence  is  excusable ;  an  entryman  earning  $1.59  to  $1.75  per  day  at  his  trade 
has  no  excuse  for  failure  to  cultivate.    2  L.  D.,  73 ;  No.  349. 

A  persisting  drought  excuses  the  failure  to  cultivate.    2  L.  D.,  149 ;  No.  325. 

In  commutation  entry  cultivation  must  be  proved.    2  L.  D.,  72  ;  No.  273. 

The  occupancy  and  use  of  land  for  lumbering  purposes  does  not  constitute 
the  improvement  contemplated  by  the  homestead  law.    3  L.  D.,  63  ;  No.  324. 

Commutation  of  entry  will  not  be  allowed  in  the  absence  of  bona  fide  cultiva- 
tion and  residence.    3  L.  D.,  63  ;  No.  424. 

Roth  residence  and  cultivation  required  except  in  cases  of  adjoining  farm. 
3  L.  D.,  141 ;  No.  429. 

1  n  grazing  countries  use  of  the  land  for  that  purpose,  coupled  with  the  resi- 
dence, held  to  be  in  compliance  with  homestead  laws.    3  L.  D.,  141 ;  No.  429. 

The  cultivation  required  by  Sec.  2301,  R.  S.,  is  satisfied  by  clearing  the  land 
for  the  purpose  of  planting,  when  it  appears  that  sufficient  time  has  not  elapsed 
for  further  acts  in  that  direction.    3  L.  D.,  49 ;  No.  421. 

Heirs-must  cultivate  till  the  five  years  expire.    3  L.  D.,  465 ;  No.  407. 

An  honest  settler's  rights  should  not  be  defeated  on  mere  technical  and  specu- 
lative grounds.     2  L.  D.,  163  ;  No.  406. 

A  homestead  settler  who  gave  the  required  notice  under  act  June  4, 1880,  was 
constructivelv  residing  on  his  claim  until  October  1, 1881 ;  contest  for  abandon- 
ment would  not  lie  prior  to  April  1,  1882.    2  L.  D.,  28  ;  No.  286. 

It  is  competent  for  a  contestant,  alleging  abandonment  prior  to  April  1,  1882, 
to  show  that  the  settler  did  not  meet  with  a  loss  or  failure  of  crops.  2  L,  D., 
Ill  :  No.  351. 

Where  an  entry  is  relinquished  because  of  the  ravages  of  grasshoppers,  the 
homestead  right  is  exhausted.    2  L.  D.,  141 ;  No.  382. 

Allegations  of  grasshopper  ravages  as  excuse  for  a  failure  to  offer  final  proof 
within1  the  time  required  must  be  founded  on  prior  proper  notice  and  absence 
from  the  land.    2  L.  D.,  622 ;  No.  1083. 


1^6  MATTHEWS    GUIDE. 

Death. 

I  fentryman  entitled  to  patent  at  .loath,  his  right  inurea  to  his  heirs  (or  widow). 

'..    * 
Widow  or  heir  i-  not  required  to  reside  on  the  land.    2  L.JD.,  74  ;  No.  349. 
■  n  death,  the  law  casts  the  homestead  right  on  the  "widow,  who  must 
however,  so  indicate  her  intention  of  claiming  the  land  that  third  persons  will 
;  prejudiced  by  her  laches.    2  L.  1>.,  139;  No. 

A  widow, as  the  legal  representative  of  her  deceased  husband,  may  continue 
tivate  lil—  home  b  ad,  and  at  the  same  time  may  make  entry  in  her  own 
.    2  L.  1'..  L69;  No.  \ 
Where  <  ntryman  (prior  to  act  June  15, 1880),  devised  the  land  to  hi-  daugh- 
ter, afterwards  i  m  it  as  head  of  a  family,  his  widow,  who  deserted  him 
prior  to  the  entry,  is  barred.    -  L.  D.,85;  No.  409. 

B  fore  the  rights  of  heirs  in  general  are  considered,  it  must  be  shown  that 
there  is  neither  widow  nor  minor  child  surviving.    2L.  D.,98;  No.  2S9. 

1!  irs  may  acquire  title  in  either  of  the  several  way.-  I  in  the  home- 

may  purchase  under  Sec.  2.  act  of  June  15,  1880,  though  al 
2  L.  D.,98;  No 

The  ifasingle  man,  who  made  formal  application  before  his  death, 

ha-  the  right  of  entry.    2  L.  I'..  85  ;  N  o.  410;  Bee  Nos.  626,  I  129,  L986, 
None  but  the  widow,  or  minor  orphan  children,  can  have  credit  for  the 

soldier's  service,  in  making  an  original  entry,    2  h.  1).,  211:  No, 
The  entire  term  of  the  soldier's  enlistment  is  to  be  credited  to  the  widow, 
although  he  was  discharged  before  its  expiration  Lose  of  the 

war.    J  I.   1'.  L79;  No.  214. 

Authorized  sale  under  Sec.  2292,  R.  S.,  vests  hill  title  in  purchaser,  who,  in 
order  to  obtain  pat'  at,  must  pay  office  fees  only,    2  L.  I).,  76;  No.  315. 

th  of  applicant  prior  to  allowance  of  entry,  his  heirs  may  make  the 
entry.    2  L  1».,  77  ;  No.  :;:;:>. 

mil  v  i  .1'  hushand  (the  entryrnan)  Ls  to  he  regarded  as  "  civil  death."     2  L. 
J»..  103;  No.3J 

Adjoining  Fabm. 

iginal  entry  treated  as  adjoining  farm,  to  save  the  rights  of  the  entryrnan. 
1  L.  D.,71  ;  No.!  ,  • 

A  I  joining  firm  requires  five  years'  residence,  except  when  there  may  be 
credit  fir  military  service.    1  L.  D.,  <;s;  No.  257.* 

.  •    tier  of  an  undivided  portion  of  a  tract  (less  than  1  GO  acres)  may  make 
adjoining  farm  entry,    l  L.  D.,  38;  No.  221. 

Adjoining  farm,  allowed  after  purchase  of  original  farm  and  before  patent 
..-.     1  L.  1>..  61  ;  No.  250. 

I    itry  cannot  be  made  by  one  owning  and  residing  on  160  acres  who  has 
given  abond  for  a  deed  of  the  half  of  it,  conditioned  upon  payment  for  the 

land  in  thl  S.     -  L.  D.,  '■)('.;   No.  345. 

;  thereon  is  not  required.    2L.  D.,  38;  No.  378. 
The  right  to  make  doc-  not  relate  hack  to  the  date  of  settlement  under  the 
original  entry.    5  L.  1».,  172;  No.  565.* 
The  right  to  make  not  modified  bytheact  of  May  1 1,  L880.    5  L.  D.,  172;  No. 

•  allowed  to  one  that  has  had  the  benefit  of  the  general  law.     b  L.  D.,  121  ; 
No.  561. 

Additional  in  Railroad  la- 
Limitations  of  right  to  additional.    1  L.  D.,2<v,  No.  215. 


Tl 


ie  right  to  make  additional,  extends  to  all  persons  entitled  byentrj  or  buc- 
make  final  proof,    l  L.D.,  24,  61  ;  No-.  228,  239. 


rty  entitledita  credit" on  an  adjoining  (arm  entry  for  prior  residence  on  original 
•a  with  use  of  entered  tract  under  ad  ol  May  14, 1SS0.    7  L.  D.,88. 


iinst  tne  on^inai  ior  auanuonmenu     i  ij.  *j.,  wo  ,  mu.  -01. 

Claimant  may  take  land  embraced  in  his  former  timber-culture  entry  as  addi- 

nal,  if  he  is  the  first  legal  applicant  after  relinquishment.     1  L.  D.,  125 ;  No. 


MATTIIKWS'S    GUIDE.  137 

Act  of  March  3, 1879,  construed  with  the  second  section  of  act  of  May  14, 1880. 
1  L.  D.,  93  ;  No.  281. 

The  law  subserved  if  original  and  additional  are  together  used  as  a  home.  1 
L.  D.,  G2  ;  No.  251. 

Land  covered  by  original  and  additional  entries  regarded  as  a  compact  body. 

1  L.  I).,  62,  6S;  Nos.  25i,257. 

Cultivation  of  land  taken  as  additional  not  required.     1  L.  D.,  62 ;  No.  251. 

Additional  cannot  be  made  if  the  original  has  been  canceled.  1  L.  D.,  92; 
No.  2S0. 

Widow  of  original  entryman  may  make  additional  under  the  act  ol  March  3, 
1879.     1  L.  D.,  24 ;  No.  228. 

Right  to  make  additional  not  lost  by  the  purchase  of  original  under  the  act 
of  June  15,  1830.     1  L.  D.,  29 ;  No.  215. 

A  married  woman,  who,  previous  to  marriage,  had  made  an  entry  wherein 
she  was  restricted  to  80  acres,  may  make  an  additional  entry.  1  L.  1).,  38  ;  No. 
222. 

One  who  had  purchased  his  original  entry  under  the  act  of  June  15,  1880, 
could  make  new  entry  under  act  of  March  3,  1879.     1  L.  D.,  29 ;  No.  215. 

Relinquishment  of  original  accepted  and  new  entry  allowed  pending  contest 
against  the  original  for  abandonment.    1  L.  D.,  93  ;  No.  2S1. 

Cla 
tions 
No.  1761. 

Mav  be  embraced  within  commutation  entry.     1  L.  D.,  100 ;  No.  238. 

Persons  making  new  or  additional  entries  under  acts  of  March  3  and  July  1, 
1879,  have  seven  years  wherein  to  make  final  proof.    2  L.  D.,  91  ;  No.  :;14. 

The  entry  can  onlv  be  made  by  the  original  entryman,  or  by  one  who  has 
succeeded  to  his  right  and  by  virtue  thereof  holds  the  original  homestead  claim. 

2  L.  D.,  778 ;  No.  344. 

Where  application  for  80  acres  was  made  in  November,  1878,  but  owing  to  a 
prior  entry,  entry  was  not  made  until  June,  1879,  entry  for  an  additional  80 
acres  is  allowed.    2  L.  D.,  30 ;  No.  334. 

Subsequent  to  act  of  March  3, 1879,  entries  were  not  restricted  to  80  acre3.  2 
I,  I).,  30 ;  No.  334. 

Soldiers'  Declaratory  Statement. 

Declaratory  filing  is  not  an  appropriation  of  the  land.     1  L.  D.,  79 ;  No.  268. 

Soldiers'  declaratory  statement,  circular  of  December  15,  1882,  with  blank 
forms.    1  L.  D.,  648 ;  No.  54.  .       . 

Entry,  settlement,  and  improvement  must  follow  filing  within  six  months. 
1L.  D.,  79;  No.  268. 

The  right  of  a  soldier  relates  back  to  his  filing,  if  the  entry  is  regular,  and  the 
right  to  an  additional  entry  goes  therewith.    1  L.  D.,  48 ;  No.  237. 

Fraudulent  acts  and  inducements  of  certain  agents.    1  L.  D.,  79 ;  No.  268. 

Declaratory  statement  may  be  filed  by  an  agent,  but  such  agent  cannot  law- 
fully appoint  a  sub-agent,  unless  by  the  prior  or  subsequent  consent  of  his  prin- 
cipal.   2  L.  D.,  215 ;  No.  390. 

The  oath  of  an  agent  (to  non-interest  and  non-agreement  for  sale)  required 
by  circular  December  15, 13S2,  must  accompany  tiling.    2  L.  D.,  214  ;  No.  390. 

Settlement,  improvement,  and  entry  must  be  made  within  six  months  alter 
filing.    3  L.  D.,  17,  281 ;  No^.  416,  1134. 

By  failure  to  enter  in  time  the  right  to  file  declaratory  statement  may  be  ex- 
hausted.   3L.  D.,  17;  No.  416.  -ft    XT 

Entry  must  be  made  within  six  months  from  filing.    3  L.  D.,  2/9  ;  JNo.  1134. 

The  rule  as  to  settlement,  improvement,  and  entry  of  soldier's  homestead 
changed  December  15,  1882.    3  L.  1).,  301 ;  No.  416. 

Entry  not  allowed  for  other  land  within  life  of  filing.    4  L.  D.,  561  ;  No.  546. 

Right  exhausted  by  filing.    4  L.  D.,  562 ;  No.  546. 

Entry,  settlement  and  improvement  must  follow  the  filing  within  six  months. 
5  L.  D.,  353 ;  No.  5S7. 


138  MATTHEWS'a    GUIDE. 

Circular  requirements  of  December  lo,  1882,  concerning  soldier's  declaratory 
statement, discussed.    •">  L  I'..  133;  No. 562;  see  No. 54. 

:it  exhausted  by  the  filing  and  abandonment  of  a  soldier's  declaratory 
statement    5  L.  !>..  138;  No. 562. 

BOLDIBBta   Amuiwnai.. 

Right  of  soldier  not  restricted  to  contiguous  land.    1  L.  D.,  4S;  No.  237. 

Allowed  when  a  quantity  less  than  160  acres  was  entered  before  June  22, 
1874.     l  1..  1»..  48;  No.  237. 

Certificates  Bhould  be  delivered  to  the  agent  who  filed  the  claim  if  he  has 
properly  discharged  his  duty,  though  a  later  power  of  attorney  may  have  been 
filed  by  another.    1  L.  D.,34;  No.  216. 

Circular  of  February  13,  188::,  discontinuing  practice  of  certification.  1  L. 
1»..  654  :  No.  56. 

Any  certificate  of  right  issued  bv  the  General  Land  Ollicc  may  be  located  by 
agent.    2  1..  1'..  240;  No.  332. 

May  ii"t  be  made  on  a  tract  withdrawn,  for  purpose  of  a  sale,  under  Sec.  2455 
l;   8.    •_'  L.  I'.,  242;  No. 374. 

The  practice  in  reference  to  assignments  reviewed  ;  the  right  i^  personal,  and 
the  assignment  of  a  certificate  will  not  be  recognized;  a  purchaser  take<  it 
subject  to  all  defects,  and  is  not  an  innocent  purchaser.    2  L.D.,  235  :  No.  319. 

Where  certificate  has  issued  improperly  to  one  (in  .Missouri  Hume  Guards) 
without  right  of  additional  entry,  it  is  void,  and  the  entry  made  under  it  must 
be  cameled.    2  L.  D.,  23.") ;  No.  319. 

The  purchaser  of  the  certificate,  having  made  entry,  may  (in  this  case)  buy 
the  land  under  Sec  2,  act  of  June  15,  1880.     2  L.  D.,  238  :  No.  331. 

The  inadvertent  use  of  the  same  original  entry  in  a  certificate  subsequently 
issued  does  not  invalidate  a  location  upon  the  prior  and  prima  facie  valid  certi- 
ficate.   2  L.  D.,239;  No.  401. 

.Mere  suspicion  of  forgery,  from  a  comparison  of  signatures  <>n  army  pay-rolls, 
without  allegations  or  other  proof,  mav  not  impair  the  claimant's  right.  2  L. 
I)..  240;  No. 408. 

in  case  of  widow's  marriage  or  death,  her  attorney  does  not  thereby  become 
the  children's  attorney, especially  where  their  guardian  has  appointed  another. 
2  L.  D..  241  ;  No.  370. 

Where  a  widow  applies  and  dies  before  issue  of  the  certificate,  leaving  chil- 
dren of  the  soldier,  her  right  is  extinguished,  notwithstanding  any  power  of 
attorney  she  mav  have  given,  coupled  with  an  interest  or  otherwise.  2  L.  D., 
241  ;  No.  370. 

Where  a  power  of  attorney,  coupled  with  an  interest  was  executed  by  the  sol- 
dier and  bv  his  wife,  and  delivered  to  A  as  attorney,  and  the  soldier  died  be- 
fore certification  of  his  right ;  on  a  new  application  by  the  widow,  with  power 
of  attorney  to  B  as  her  attorney,  it  is  held,  that  A  is  entitled  to  possession  of 
the  certificate.    2  L.  D.,  30;  No.  337. 

Where  the  soldier  gave  A  a  power  of  attorney  in  1875,  and  B  a  power  of  at- 
torney in  1881,  wherein  all  former  powers  were  revoked,  and  0,  claiming  to 
represent  A,  delegated  his  power  to  l>;  held,  that  A  might  delegate  his  power 
to  D  directly,  but  not  mdirectly  through  C;  that,  unless  C  can  establish  a 
privity  with  A  the  evidence  filed  byD cannot  he  utilized  by  B, but  musl  be 
returned  to  D,as  requested,  without  prejudice  to  the  soldier;  and  that  B  cannot 
be  recognized  as  against  A  until  he  flies  the  evidence  requisite  to  establish  the 
claim.    2  L.  D.,31  ;  No.  359. 

When-  A,  as  attorney  for  the  soldier,  filed  a  claim  in  1878,  which  was 
afterwards  rejected  on  A's  request,  and  the  soldier  so  notified  bv  him  ;  and  B, 
as  attorney,  filed  anew  claim  in  1879,  and  was  duly  recognized  as  the  attor- 
ney; and  A  afterwards  reflled  the  rejected  claim,  with  a  power  of  attorney 
luted  in  L878;  and  B  filed  a  power  of  attorney,  executed  in .1880  and  re- 
voking former  powers  :  held,  that  A's  action  in  procuring  the  rejection  of  the 
claim  and  notifying  hi-  principal  thereof  operated  as  a  revocation  Ol  his  power 

of  attorney.    2X.  l>..  33;  No.  371. 


MATTHEWs's    GUIDE.  139' 

Presumption  of  death  does  not  arise  for  seven  years  after  entryman's  disap- 
pearance.   2  L.  D.,  120 ;  No.  357. 

The  soldier's  children  take,  not  as  heirs,  but  as  donees,  and  are  substituted  to 
the  soldier's  rights  where  there  is  no  widow,  or  in  the  event  of  her  marriage 
or  death.    2  L.  D.,  242 ;  No.  370. 

A  minor  orphan  daughter,  surviving,  succeeds  to  her  father's  entry,  and  may 
also  make  homestead  entry  in  her  own  right. .  2  L.  D.,  99 ;  No.  302. 

A  minor  orphan  child  surviving,  and  coming  of  age  before  time  for  making 
final  proof,  will  not  be  required  to  establish  residence  but  must  improve  and 
cultivate  the  land.    2  L.  D.,  101,  244 ;  Nos.  367,  380. 

Application  for  minor  orphan  children  must  bo  made  on  the  ordinary  forms, 
name  the  children,  and  be  signed  by  the  guardian  ;  guardian  must  make  the 
affidavit  at  the  local  office,  or  if  he  or  one  of  the  children  is  residing  on  the 
land,  before  the  county  clerk.     2  L.  D.,  244 ;  No.  3SG. 

Where  an  attorney  "through  fraud  obtained  a  power  to  sell  the  additional 
homestead  right,  the  certificate  and  location  made  thereunder  will  be  canceled 
and  a  new  certificate  issued  to  the  soldier.    3  L.  D.,  39  ;  No.  418. 

Non-contiguous  locations  under  one  certificate.    3  L.  D.,  472  ;  No.  459. 

The  right  to  make  additional  entry  exhausted  when  once  used  irrespective  of 
the  amount  entered.    3  L.  D.,  509 ;  No.  463. 

Right  to  make  additional  entry  accorded  to  the  minor,  though  the  soldier's 
entry  had  been  canceled  for  abandonment.    3  L.  1).,  395 ;  No.  452. 

A  certain  condition  properly  inserted  in  certificate.    4  L.  D.,  323  ;  No.  503. 

Eight  to  make  non-assignable.    4  L.  D.,  323 ;  No.  503. 

Without  proof  as  to  military  service  there  is  no  right  of  entry.  4  L.  D.,  323  ; 
No.  503. 

Status  of  certificates  issued  before  and  after  February  13,  1883.  4  L.  D.,  323 ; 
No.  503. 

Unlawful  possession  of  land  no  bar  to  location  by  another.  4  L.  D.,  560 ; 
No.  545. 

Extent  of  additional  entry  determined  by  the  difference  between  the  origi- 
nal entry  and  160  acres.    5  L.  D.,  10 ;  No.  553. 

Residence  and  cultivation  required  under  location  where  the  original  entry 
was  canceled  for  failure  to  make  final  proof.    5  L.  D.,  10 ;  No.  553. 

Entry  for  minor  heirs  allowed  to  stand  though  the  application  did  not  con- 
tain the  names  of  all  the  minors.    5  L.  D.,  222  ;  No.  575. 

Certificate  issued  to  widow  may  properly  require  her  to  show  that  she  has 
not  remarried.    5  L.  D.,  264 ;  No.  570 ;  but  see  Nos.  503,  636. 

Recognized  when  made  through  an  agent  in  conformity  with  practice.  5  L. 
D.,  289  ;  No.  583. 

Indian. 

The  act  of  January  18,  1881,  for  the  relief  of  the  Winnebago  Indians,  ex- 
tended the  time  within  which  homesteads,  taken  under  the  act  of  March  3, 
1875,  could  be  entered  and  completed,  for  a  period  long  enough  at  least  to 
enable  the  claimants  to  use  to  advantage  the  money  appropriated  in  making 
entries,  erecting  dwellings,  and  cultivating  and  improving  the  lands  so  entered 
and  selected ;  such  selections  and  entries  (in  Wisconsin)  are  not  at  present 
subject  to  contest.    2  L.  D.,  191 ;  No.  651. 

Certain  suspended  Michigan,  entries  to  be  examined  after  due  notice.  4  L. 
D.,  144  ;  No.  657. 

Right  of,  shown  by  agent's  certificate.    4  L.  D.,  144 ;  No.  (157. 

Extent  of  compliance  with  the  general  law  required.    4  L.  D.,  144  ;  No.  (157. 

Commutation. 

The  entryman,  applying  to  purchase  under  Sec.  2301,  It.  S.,  must  show  that 
he  has  in  good  faith  cultivated  the  land.    2  L.  D.,  72 ;  No.  373. 

A  probate  judge  in  Dakota,  acting  as  clerk,  may  take  the  commutation  affi- 
davit, provided  that  it  be  taken  at  the  county  seat  where  the  probate  court  is 
holden.    2  L.  D.,  224  ;  No.  870. 


140  MAI  I  III.U  -  ,-     '.I  IDE. 

rife  or  minor  child  may  commute  only  as  an  :i  try  to  be 

referred  to  Board  of  Equitable  Adjudication.    2  J~  1»..  81;  No.  3 

animation  of  the  homestead  entry.    -1  L.  L.,  347, 442;  No-.  507, 522. 
[nal  entn  immutation  and  foUowB  the  determina- 

tion th<  n  •  t    -i  L.  '!'-.  2  17;  No. 494. 

■  :iw  right    4  L.  D.,  441  ; 
Ri  i  a  prior  compliance  with  the  homestead  law.     i  L 

.  194. 

to  an  entry  made  under  section  rised 

4  L.  D., !  14. 

Purchaser  after  commutation  and  prior  to  patent  tali  I  to  the  action 

oftto  t  I-  D.,  847;  N   . 

-    ;  months'  residence  after  entry  not  >  -.-•  utial.    4  L.  D.,  41S;  No.  518. 
.  months'  tired  as  an  assurance  of  good  faith.    4  L.  !».. 

•  10. 
Allowed  though  residencedid  not  coversix  months  from  entry.    4  L.D.. 
No.  501. 

under  the  pre-emption  law  govern  i  Lence.    4  L  1>.,  i'77, 

of  in,  properly  includes  residence.    4  L.  D.,  347,  38 1 ;  Nos.  50< ,  510. 
Bomestead  right  lost  through  failure  of  commutation  entry.    5  L.  D.,  392 ; 

Bight  of,  not  defeated  by  failure  to  establish  residence  within  the  required 
I  in  the  i  an  intervening  adverse  claim.    5  L.  1).,  075  ;  No.  598. 

As  ,  the  a,t  of  May  14,  18S0.    5  L.  D.,  94  ;  No.  55a 

Act  op  June  15, 1880. 

Bight  of  purchase  not  personal     1  L.  D.,  50;  No.  239. 
Purchase  may  be  made  by  any  person  who  through  entry  or  by  operation  of 
law!  ded  to  the  right  to  make  final  proof,    i  L.D. ,50,56;  Nos.  239,244. 

■a  of  purchase  accorded  the  first  applicant  where  several  entries  had  been 
canceled.     1  L.  D.,96;  No.  285. 
Alien  heirs  may  purchase.    1  L.  D.,  98;  No.  292. 

•ister  who  was  appointed  after  entry  allowed  to  purchase.    1  L.  1).,  73; 
2  (1. 
Entry  of  alien  may  be  purchased  by  widow.     1  L.  D.,  55;  No.  244. 
If  a  single  woman  makes  entry  and  then  marries,  the  husband  is  not  enti- 
tled to  purchase  in  his  own  name  in  the  event  of  her  death.     Patent  in  Mich 
to  the  heirs.    1  L.  D.,  84 ;  No.  272. 
Widow  or  heirs,  not  administrator,  may  purchase,    l  L.  D.,  35;  No.  217. 
Bight  of  widow  or  heirs  defeated  by  transfer.    1  L.  L>.,  :;5 ;  No.  217. 
Alienation  of  land  no  bar  to  purchase.    1  L.  D.,  74;  No.  262. 
Purchase  can  be  made  after  cancellation.     1  L.  D,  57,  69, 96 ;  Nos.  246,  258, 

Purchase  allowed  where  final  proof  failed.    1  L.  !>.,  75;  No.  263. 
Purchase  allowed  though  entry  was  void  at  inception,    l  L.D.,25;  No.  220. 
Intervening  vested  rights  protected  as  against  said  act.    1  L.  D  ,  258. 

The  term  "no  laws"  used  in  the  second  section  of  said  act  in  a  generic 

•.    1  L.  D„ 69;  No.  - 
Right  of  purchase  defeated  by  intervening  timber-culture  entry,  or  right  of 
•option.     1   L.D 

ree  by  bona  fide  instrument  of  the  entryman'e  improvement  and  pos- 
:  v  right  can  purchase  under  said  act.     1  I..  1 '  .241. 

.  ,n  ofdup  ipt  not  such  evidence  of  transfer  as  to  authorize 

purchase.    1  L.D.,67;  No. 255. 

Transfer  subsequent  to  act  confers  no  right  of  purchase  upon  transferee.     1 
L.D  864. 

Att  b  tnsfer  prior  to  actcarriee  right  of  purchase,  though  the  deed 

aotmade  till  after  the  passage  of  the  act    l  L.D.,  72;  No.  200. 


MATTHKH'SH    GUIDE.  141 

Transfer  of  land  must  bo  in  writing  to  carry  right  of  purchase.  1  L.  D.  67  ; 
No.  255. 

"  Bona  fide  instrument  in  writing"  not  necessarily  a  deed  in  legal  form  1  L 
D.,53;  No.  241.  ° 

An  executed  or  present  transfer,  and  not  an  agreement  to  transfer  in  futuro 
(after  entry),  is  meant  by  the  act.     2  L.  D.,  53  ;  No.  305. 

A  contract  to  convey  the  land  does  not  deprive  entryman  of  benefit  of  the 
act.    2  L.  D.,  94 ;  No.  29!) ;  see  Nos.  318,  600.. 

Irregularity  or  illegality  of  entry— fraud  not  appearing— is  not  a  bar  to  the 
right.    2  L.  D.,  94  ;  No.  299. 

An  attempted  transfer  subsequent  to  June  15,  1880,  cannot  become  effective, 
the  act  having  relation  to  past  transactions  only.     2  L.  D.,  177 ;  No.  400. 

There  is  no  right  of  purchase  in  one  to  whom  the  lands  have  already  been 
patented  under  the  general  homestead  law,  notwithstanding  there  may  be  douht 
about  the  validity  of  the  title  to  them.    2  L.  I).,  114 ;  No.  820 ;  see  No.  813. 

The  entryman  has  right  of  purchase  while  his  appeal  from  the  Commissioner's 
action  is  pending  before  the  Secretary,  prior  to  the  cancellation  of  his  entry  2 
L.  D.,  51 ;  No.  303 ;  see  Nos.  350,  550,  604. 

When  judgment  against  the  entry  has  become  final  under  the  rules,  in  the 
local  office  or  on  appeal,  the  contestant's  preferred  right  of  entry  attaches  and 
if  duly  exercised  bars  the  entryman's  right  of  purchase  on  a  subsequent  appli- 
cation.   2  L.  D.,  104  ;  No.  350 ;  see  Nos.  550,  004. 

The  deserted  wife  or  minor  child  of  the  entryman  may  purchase,  a s  his 
agent;  entry  must  be  referred  to  Board  of  Equitable  Adjudication.    2  L  I) 
81 ;  No.  360.  '     '' 

The  assignee  of  an  erroneously-issued  and  invalid  certificate  of  soldier.-'  ad- 
ditional homestead  right  may  (in  this  case)  purchase  the  tract  already  entered 
by  him.    2  L.  D.,  238 ;  No.  331. 

The  legal  successors  (in  this  case  the  devisee)  is  entitled  to  purchase  2  L 
D.,  83  ;  No.  409. 

As  the  entryman  in  this  case,  if  living,  might  have  purchased  at  date  of  the 
application  (after  contest,  but  before  healing),  this  right  descended  to  his  heirs 
2  L.  D.,  99,  523 ;  Nos.  297,  1403 ;  but  see  Nos.  550,  604. 

A  devisee  has  the  right  of  purchase,  as  the  transferee  by  will ;  applied  to  case 
where  entryman's  widow  had  deserted  him  several  years  before  his  death,  and 
he  had  devised  land  to  his  daughter,  who  afterwards  resided  on  and  improved 
it  as  head  of  a  family.    2  L.  D.,  82  ;  No.  409. 

Where  one  made  homestead  entry  under  the  general  law  in  1874,  and,  in 
faith,  a  soldier's  homestead  entry  in  1878,  and  pending  contest  against  the  latter, 
made  application  to  purchase:  held  that,  notwithstanding  the  irregularity,  he 
may  make  purchase.    2  L.  D.,  124 ;  No.  303  ;  but  see  Nos.  550,  004. 

Where  the  entryman  sold  his  homestead  right,  and  delivered  possession  of 
the  land,  which  was  occupied  and  improved  bv  the  transferee,  his  right  of  pur- 
chase is  defeated.    2  L.  D.,  125 ;  No.  318 ;  but  see  Nos.  299,  600. 

The  entryman  can  purchase  only  such  part  of  the  homestead  as  he  has  not 
attempted  to  transfer ;  if  he  has  attempted  to  transfer,  only  the  transferee  has 
the  right  of  purchasing,  in  whole  or  in  part,  unless  there  be  a  mutual  agreement 
to  the  contrary.     2  L.  D.,  176;  No.  400. 

The  required  affidavit  of  an  applicant  to  purchase  may  be  made  elsewhere 
than  in  the  land  district,  for  good  cause  shown,  before  any  qualified  officer  hav- 
ing a  seal.    2  L.  D.,  128 ;  No.  338. 

The  proviso  in  this  section  was  not  necessary  to  protect  subsequent  entrymen, 
the  intention  of  Congress,  from  general  considerations,  bein<*  sufficiently  clear 
without  it.    2  L.  D.,  165 ;  No.  350. 
Sight  of  purchase  barred  by  pre-emption  claim.    3  L.  D..  374  ;  No.  1143. 
Widow  may  purchase.    3  L.  I).,  490 ;  No.  1474. 

Widow,  instead  of  administrator,  may  purchase.    3  L.  I).,  400-  No  407 
Construed  with  the  act  of  May  14,  1880.    4  L.  1).,  580 ;  No.  550. 
,  Right  of  purchase  defined.    4  L.  D.,  465  ;  No.  527. 
Right  of  purchase  not  lost  with  cancellation  of  entry.     4  1,.  I)..  21 ;  No.  478. 


142  MATTHEWS    GUIDE. 

Only  land  subject  to  entry  may  be  purchased.    4  L.  D.,  171 ;  No.  492. 

Intervening  filing  ban  the  right  of  purchase.  4  L.  D.,  406,  493;  No.  527,530. 
>,t  of  purchase  recognized  in  case  of  entry  made  by  an  alien  who  subse- 
quently declared  his  intention  to  become  a  citizen.    4  L.  D.,  504;  No.  547. 

Bearing  ordered,  after  purchase,  on  the  charge  that  the  original  entry  was 
fraudulent    4  L  1  (.,578;  No.  549. 

Application  to  pnrcbaee  reaervee  the  land.    4  L.  D.,  32 ;  No.  480.    _ 

During  contest  the  right  of  purchase  exists  until  final  judgment  in  lavor  of 
oontestant    4  L.  D.,  21 ;  No.  478 ;  but  see  Nos.  550, 004.  • 

Application  should  not  be  carried  to  entrv  until  right  of  appeal  allowed  to 
adverse  parties  has  expired.    4  L.D.,  21;  No.  478;  but  see  also  Nos.  550, 604. 

Purchase  hereunder  not  allowed  pending  contest  concerning  the  right  of 
entrv.     4  L  D.,  463,  W6;   No.  527. 

Right  of  purchase  cut  off  by  intervening  contest.  4  L.  D.,  5S0  ;  No.  •>.>(>;  see 
\     |  ,<  i  i 

Remedial,  and  construed  liberally.    5  L.  D.,  10;  No.  .V..".. 

No  restrictions  On  purchase  under,  except  those  applicable  to  ordinary  cash 
entrv.     5  L.  1  >.,535;   No.  000. 

i  right  of  purchase  in  transferee  who  became  such  after  the  passage  of  the 
act.     5L.  !>..  11  :  No.  554. 
I   mtract  of  sale  prior  to  purchase  does  not  affect  rights  under.    5  J.,  i  >..■>•■•>; 

,00. 
Purchase  oot  permissible  pending  intervening  contest.    5  L.  D.,229;  No. 

Right  of  purchase  suspended  by  intervening  contest.    5  L.  1>..  188,606;  No. 

121  -. 

Purchase  defeated  by  order  of  cancellation  following  successful  contest    5 
'•   D.,606;  No. 604.                                             .         ,               E  _  _    000    „ 
Right  of  purchase  not  defeated  by  cancellation  of  entry.    5  L.  l».. ;  wp. 

Purchase  allowed  after  cancellation  of  entry.    5L.  D.,  529;  No.  L548. 

Right  of  purchaseas  a  subsisting  claim  to  the  land.    5  L.  I»..  529;  No.  1548. 

Widow  of  entryman  may  purchase.    5  L.  ]).,  333;  No.  1534. 

Extends  to  an  entry  where  the  original  affidavit  was  illegally  made.    •>  L.  D., 

lir>;  No.  559.  .  .  _  x   _    ,, 

Purchase  allowed  where  the  entry  was  void  at  inception.     •>  L.  P.,  118;    NO. 

559. 

Application  under,  may  be  entertained  for  land  patented  on  entry  within 

terms  of  the  ad  on  surrender  of  the  patent.    5  L.  D.,  301:  No.  843. 
! B  not  authorize  the  purchase  of  land  entered  by  mistake  m  case  stated.  5 

L.  !»..  L05;  No.  .,,.-,, 

Application  under,  inconsistent  with  the  claim  of  due  compliance  with  the 
homestead  law.    5  L.  D.,  229;  No.  577. 

Not  dependent  upon  compliance  with  or  qualifications  under  the  honiesl  ad 
law.    5  L.  D.,  535;  No.  800. 

Purchase  under  this  ad  aotthe  equivalenl  to  residence  and  cultivation.  ■> 
l-  D.,10;  No.558.  __   _      ,,, 

Righl  to  purchase  not  dependent  upon  residence  or  occupancy.    •>  L.  v.,  ...,..; 

No.  1534. 


-CAUTION    l.\W, 


The  priviledge  of  pre-emption  now  extend-  to  settlement  on  unsurveyed  as 
v.. II  as  on  surveyed  lands. and  a  credit  of  from  twelve  to  thirty-three  months  is 
given  the  pre-emptor  by  residence  thereon. 

By  ad  of  application  at  a  di-trict  land  office  and  the  payment  oi  a  lee  (or  the 
tration  ofhie  claim  by  filing  a  declaratory  statement,  a  person  gains  the 

right  to  OCCUpy  thereunder  a  certain  tract  of  land,  offered  or  unollered.  now  not 
more  than  160  nor  less  than  40acres  (in  the  first  ad  the  quantity  was  640  acn  b), 
for  a  limited  period,  with  obligation  at  the  end  of  that  period  to  pay  to  the 


MATTHEWS's    GUIDE.         JtfVkoniO  Utlr^^ 

United  States  $1.25  per  acre  for  the  land  in  the  tract  claimed  or  entered,  or  $2.50 
per  acre,  as  the  case  may  he,  and  receive  a  patent  therefor. 

1.  The  qualifications  required  of  a  pre-emptor  are  that  lie  (or  she)  shall  be  a 
citizen  of  the  United  States  (or  have  declared  an  intention  to  become  such) ; 
over  twenty-one  years  of  age  or  the  head  of  a  family  ;  an  actual  inhabitant  of 
t  he  tract  claimed ;  and  not  be  the  proprietor  of  320  acres  of  land  in  any  State  or 
Territory. 

2.  A  person  who  has  removed  from  land  of  his  own  to  reside  on  puhhc  land  in 
the  same  State  or  Territory,  or  who  has  previously  exercised  his  pre-emption 
right,  is  not  a  qualified  pre-emptor. 

:;.  Lands  included  in  any  reservation,  or  within  the  limits  of  any  incorporated 
town,  or  selected  as  the  site  of  a  city  or  town,  or  actually  settled  and  occupied 
for  purposes  of  trade  and  business  "and  not  for  agriculture,  or  on  which  there 
are  any  known  salines  or  minerals,  are  not  subject  to  pre-eniption. 

4.  If  the  land  is  surveyed,  but  has  not  been  "  offered,"  the  declaratory  statement 
must  be  filed  within  three  months  from  date  of  settlement.  If  upon  "  offered  " 
land,  the  filing  must  be  made  within  thirty  days. 

5.  If  the  land  is  unsurveyd  at  the  time  of  settlement,  the  declaratory 
statement  must  be  filed  within  three  months  after  the  date  of  filing  the  town 
ship  olat  in  the  local  office. 

6".  Failure  to  file  a  declaratory  statement  within  the  time  prescribed  makes 
the  land  liable  to  the  claim  of  an  adverse  settler  who  does  file  notice  of  his  in- 
tention at  the  proper  time.  . 

7.  The  land-office  fee  for  filing  a  declaratory  statement  is  $2,  except  in  the 
Pacific  States  and  Territories,  where  the  fee  is  $3. 

8.  A  pre-emption  filing  can  be  made  only  by  an  actual  settler  on  the  land. 
A  filing  without  settlement  is  illegal,  and  no  rights  are  acquired  thereby,  unles- 
settlement  is  made  before  the  interveirttejn  of  an  adverse  claim. 

9.  The  existence  of  a  pre-emption  filingifin  a  tract  of  land  does  not  prevent 
another  filing  to  be  made  of  the  same  landS|bject  to  any  valid  rights  acquired 
by  virtue  of  the  former  filing  and  actual  settlement,  if  any. 

10.  On  offered  lands  proof  and  payment  must  KJ&nade  within  twelve  months 
from  date  of  settlement.  <*ti&*  ,       .  ,  .     .-.._. 

11.  If  the  land  is  unoffered,  proof  and  payment  nUi^be  made  within  thirty- 
three  months  from  date  of  settlement. 

1 2.  A  failure  to  make  proof  and  payment  as  prescribed  by  law  renders  the 
land  subject  to  appropriation  by  the  first  legal  applicant. 

1 : ;.  The  requirements  of  actual  inhabitancy  and  improvement  must  be  observed 
as  strictly  under  the  pre-emption  law  as  under  the  homestead  law. 

14.  Failure  to  inhabit  and  improve  the  land  in  good  faith,  as  required  by 
law,  renders  the  land  subject  to  contest  and  the  entry  to  investigation  and  can- 
cellation. ,  , 

15.  Final  proof  in  pre-emption  cases  must  be  made  to  the  satisfaction  ot  the 
register  and  receiver,  whose  decision,  as  in  other  cases,  is  subject  to  examina- 
tion and  review  by  the  General  Land  Office. 

16.  Publication  of  notice  to  make  proof  is  required  as  in  homestead  cases. 

17.  The  final  affidavit  must  be  made  before  the  register  or  receiver,  or  before 
the  clerk  of  a  court  of  record  in  the  county  and  State  or  district  and  Terri- 
tory where  the  land  is  situated.  If  in  an  unorganized  county  the  proof  may 
be  made  in  a  similar  manner  in  any  adjacent  county  in  the  same  State  or 
Territory. 

18.  The  pre-emptor  is  required  to  make  oath  that  he  has  not  previously  ex- 
ercised his  pre-emption  right;  that  he  is  not  the  owner  of  320  acres  of  land; 
that  he  has  not  settled  upon  and  improved  the  land  to  sell  the  same  on  specu- 
lation, but  in  good  faith  to  appropriate  it  to  his  own  exclusive  use ;  that  he  has 
not  made  any  contract  or  agreement,  directly  or  indirectly,  in  any  way  or 
manner,  with"  any  person  whomsoever,  by  which  the  title  he  may  acquire  from 
the  United  States  shall  inure  in  whole  or  in  part  to  the  benefit  of  any  person 
except  himself. 


144  UATTHEWS'a    GUIDE. 

l!>.  Any  person  swearing  falsely /or/  Us  all  right  to  tlu  land  and  to  il  •■  purcluue- 
'    ..       to  prosecution  under  the  criminal  laws  of  the 
1  States. 

inns  of  the  several  papers  required  to  be  filed  in  the  prosecution  of  a 
.  including  final  proof  forma,  may  be  obtained  on  application 
by  mail  or  otherwise  at  the  district  land  offic 

PR14-KMPTION    R0UNOS. 

A-  ertion  of  claim  under  the  law  required  to  constitute  alegalclain.    l  L 
D.,  453;  No.  1021. 

lelits  of,  not  secured  bv  mere  occupancy  of  public  land.    1  L.  D.,  4">:,) ; 
1021. 
A  c  mditional  claim  is  unknown  to  the  law.    1  L.  D.,  404  ;  No.  1045. 
The  l i iv- 1  in  time  in  the  commencement  of  proceedings  is  the  first  in  right  if 
Buch  pro  -ceding;?  are  regularly  foil  >wed  up.    1  L.  D.,  4U4;  No.  1045. 
j  do  not  include  Indians.     1  L.  1>.,  4:)1  ;  No.  1040. 
Right  t<>  make  entry  recognized  on  return  to  land  alter  absence.     1  L.  D  . 
No.  I 
The  possibility  of  one  party  taking  the  improvements  of  another  is  within 

»p  •  of  the' law.     1  L.  [)'.,  AS.) ;  No.  1054. 
A  div'Orced  woman  cannot  claim  the  benefit  of  acts  performed  by  her  forim  r 
husband,  but  must  rely  on  her  own  compliance  with  the  law  as  a  single  woman 
or  head  of  a  family.    1  L.  1>.,  401  ;  No.  1033. 
Entry  of  married  woman  who  had  complied  with  the  law  and  published 
Bnal  proof  prior  to  marriage  sent  to  the  Board  of  Equitable  Adjudi- 
cation.   1  L.  D..400;  No.  1063. 

Fraudulent  claim  as  a  divorced  wife.     1  L.  I).,  421  ;  No.  105."). 
Tip'  purchase  of  a  dwelling-house  is  equivalent  to  its  erection.    1  L.  D.,  187  ; 
No.  1774. 

I 1  .  , .    ication  of  pre-emptor  not  affected  by  the  ownership  of  land  as  a  trus- 

!  I..  D.,462;  No.  1042. 
i  1  urn  of  one  who  removes  from  land  of  his  own  to  settle  on  public  land  in 

did.     1  E.  I).,  405;  No.  1030. 
!;•  moval  from  home  in  town  or  city  not  within  the  inhibition  of  Sec.  2260, 
R.  S.     1  L.  D.,490;  No.  1009. 

ond  clau  e  of  section  2260,  R.S.,  discussed  generally.    1  L.  D.,  492;  No. 

ht  within  the  incorporated  limits  of  a  town,  under  act  of  March  3,  Is.  7. 
1  I     D.,497;  No.  2107. 

cumstonc  s  as  well  as  tine  recognized  in  the  developement  of  the  settler's 
g  iod  faith.     1  L.  1'..  446;  No.  1053. 

Pre-i  tnptor  may  file  for  160  acres,  though  claiming  less  at  settlement,  if  con- 
ict  is  vacant.     1  L.  1>..  405  ;  N  >.  I1 
lit  exhausted  by  the  entry  of  eighty  acres.     I  L.  D.,  485;  No.  103 

2383,  l:.  8.     1  L  D.,501  ;  No.  2109. 
■'it  restrict*  d  to  the  lot  EOttled  upon  and  one  additional  on  which  the  Set- 
tler I  emenl  i.     l  L.  !>.,  502:  No.  -110. 

lots  confined  to  scalers  having  the  qualifications  of  a  pre-emptor. 
1  I.   tX.502;  No.  -Mo. 
Pre-emption  right  is  not   the  Bubject  of  sale  and  transfer.     2  L.  IX. 

the  right  to  hold  land  before  payment  is  made  therefor,  upon  promising 

,  v  tli^  land  at  a  stipulated  time, together  with  the  right  to  purchase  at  bucd 

time;  it  is  initiated  by  settlement  and  filing  a  declaratory  statement,  and  has 

had  i»s    full  lite    when' the  stipulated    time  of  purchase  arrives.       -  L.  D., 
No.  IK-:,. 

Where  B  tiled  for  A.  without  A's  consent  or  ratification,  the  right  was  not 
exhausted.    'J  L.  !>.,  621  ;  No.  1078 


MATTIIEWS'S    GUIDE.  145 

Where  a  pre-emptor  voluntarily  abandons  his  claim  in  the  fece  of  an  advers  ■ 
claim  which  he  might  have  successfully  contested,  he  exhausts  his  right,  2  L. 
J).,  573;  No.  1093. 

A  pre-emption  filing  which  is  a  declaration  of  one's  intention  to  claim  a  tract 
of  land,  confers  a  mere  preferred  right  against  third  persons,  but  none  against 
the  United  States ;  land  covered  by  it  is  public  land,  and  is  open  to  settlement  or 
entry,  subject  only  to  the  preferred  right  of  pre-emption.  2  L.  D.,  581 ;  No. 
1034. 

To  be  valid,  must  be  founded  upon  a  prior  actual  settlement.  2  L.  D.,  t>21 ; 
No.  1078 ;  but  see  Nos.  1087,  1143,  1157, 1163,  1204,  1208,  1237. 

May  be  valid  as  to  one  part  and  invalid  as  to  another  part  of  the  land  cov- 
ered by  it ;  as  where  A  surrendered  possession  of  the  W.  |  of  a  quarter,  and  B, 
who  filed  for  the  whole  of  it,  took  possession  of  the  W.  £  alone.  2  L.  D.,  637  ; 
No.  1091. 

If  not  made  within  the  time  limited  (three  months),  is  barred  by  an  inter- 
vening homestead  entry,  and  right  to  land  is  forfeited.    2  L.  D.,  578  ;  No.  1109. 

A  pre-emptor  may  file  but  one  declaratory  statement  on  the  same  or  on  an- 
other tract;  applied  to  a  case  where  a  second  filing  was  offered  because  settler 
found  it  impossible  to  raise  good  crops  on  his  claim.    2  L.  D.,  854 ;  No.  1106. 

Where  the  settler  relinquishes  the  land  in  the  face  of  a  homestead  claim,  he 
cannot  have  his  filing  reinstated  on  the  ground  that  the  contract  consideration 
for  relinquishment  was  not  paid  by  the  homestead  claimant.  2  L.  D.,  621 ;  No. 
1083. 

May  be  made  by  one  who  temporarily  occupied  a  tract  on  which  a  former 
filing  had  been  made  in  his  name  by  a  brother,  without  consent  or  prior  set- 
tlement.   2  L.  D.,  620  ;  No.  1078. 

Where  final  homestead  proof  is  not  made  within  the  required  time,  filings 
made  are  permitted  to  stand  in  the  absence  of  adverse  claims  ;  where  entry  is 
afterwards  made,  the  right  under  the  filing  is  at  an  end.  2  L.  D.,  621 ;  No. 
1083. 

Where  one  owned  land  (homestead,  after  final  proof)  in  the  same  Territory 
and  made  a  deed  of  it  to  another  prior  to  settlement,  but  did  not  deliver  the  deed 
until  after  settlement,  he  was  not  a  qualified  pre-emptor.  2  L.  D.,  579 ;  No. 
1109. 

Settlement  may  not  be  made  by  one  removing  from  land  which  he  has  bought 
and  paid  for,  though  no  deed  for  it  has  passed.    2  L.  D.,  616 ;  No.  1089. 

A  married  woman  may  not  make  an  entry ;  marriage  (by  consent  and  cohabi- 
tation) to  one  from  whom  she  had  been  previously  divorced  (in  Minnesota)  is 
valid  under  the  code  of  Dakota.    2  L.  D.,  600 ;  No.  1090. 

May  be  made  by  a  deserted  wife,  as  the  head  of  a  family.  2  L.  D.,  312 ;  No. 
1857. 

May  be  made  on  lands  formerly  covered  by  a  timber-culture  entry,  where 
there  is  no  intervening  right  of  a  successful  contestant  applying  under  the 
homestead  or  timber-culture  laws.     2  L.  D.,  294 ;  No.  1835. 

The  decision,  holding  for  cancellation  an  entry  at  $1.25  made  in  an  even  sec- 
tion (railroad  limits)  prior  to  receipt  of  notice  of  an  executive  withdrawal  for 
railroad  purposes,  is  reversed.    2  L.  D.,  557 ;  No.  1412. 

There  is  no  qualification  of  the  provision  allowing  one  to  homestead  land 
"  upon  which  such  person  may  have  filed  a  pre-emption  claim  ; "  the  right  t  i 
transmute  is  incident  to  a  valid  pre-emption  right,  and  when  exercised  relates 
back  to  the  date  of  the  pre-emptor's  settlement.    2  L.  D.,  635  ;  No.  1091. 

Application  to  transmute  should  be  received,  and  notice  thereof  be  given  to  a 
subsequent  entryman ;  if  the  validity  of  the  pre-emption  claim  is  not  impeached, 
the  subsequent  entry  should  be  canceled  and  the  transmutation  allowed.  2  L. 
D.,  637  ;  No.  1091. 

Where  A  makes  a  pre-emption  filing,  and  afterwards  B  makes  a  claim  (hone- 
stead)  subject  to  it,  if  A  makes  application  to  transmute  and  B  denies  his  right 
to  do  so,  the  burden  and  expense  of  disproving  his  right  is  on  B.  2  L.  D.,  <>:;"  ; 
No.  1091. 


146  MATTH  FAVs's    GUIDE. 

A  pre-emptor.  who  has  complied  with  the  prerequisites  of  the  statute,  is  en- 
titled to  a  certificate  of  entry.    2L.D..167;  No.  860. 

Lficate  i>  only  prima  fait  evidence  of  payment.    2  L.  I>.,  48;  No.  :::'>•>. 

In  general  terms  is  a  special  preference  given  to  a  claimant,  by  which  he  may 
hold  to  the  exclusion  of  others,  dependent  upon  the  performance  of  conditions. 
3  |..  P.,  71,434;  Nos.  146,  2118. 

Right  of,  begins  with  settlement    ::  J-  I'..  272,281  ;  Nob.  1448,  1134. 

Bight  of,  not  initiated  by  forcible  intrusion.    :;  1..  D.,  279;  No. 427. 

Bight  <>f.  n.>t  acquired  without  residence.    :'.  I..  D.,  276;  No.  ills. 

Baaed  on  settlement  and  filing  for  the  benefil  or  another  void  <tb  initio.  3  L. 
D..  488:  No.  L162. 

(i i  faith  in  the  matter  of  improvements  considered.    3  L.  D.,392;  .No. 

H50-  ,     , 

In  case  of  fraud  patent  will  not  issue  though  tin-  pre-emptor  may  haw  as- 
signed toan  innocent  purchaser  after  Ihe  issuance  of  final  certificate.    3  1..  1'.. 

The  right  toa  patent  once  vested  is  equivalent  to  a  patent  issued,  and  the 
final  certificate  obtained  on  the  payment  of  the  money  is  as  binding  upon  the 
government  a-  a  patent.    3  L.  D.,  23;  No.  L120. 

\  pre-emptor  in  default  having  died,  Ins  widow  may  take  as  a  homesteader 
from  the  date  of  his  death,  in  (he  absence  of  an  adverse  right.    3  L.  D.,  274  ; 

No.  44. >. 

Pre-emptor  having  failed  to  prove  up  within  statutory  period  may  purchase 
in  the  absence  of adverse  claim.    3  L.  D.,  272 ;  No.  1448. 

The  right  to  transmutea  filing  to  a  homestead  entry  does  .not  extend  to  the 
widow  or  heirs  of  the  pre-emptor.    3L.  D.,274;  No.  443. 

Filing  on  Bchool  section  in  California  may  he  transmuted  to  a  homestead.    3 

I-  D.,229;  No. 438.  ..,.,., 

The  administrator,  or  heirs,  may  complete  the  claim  of  a  deceased  pre-emp- 
tor.   3  L.  D.,  274;  No.  443.  '    ,  B      . 

The  rights  of  the  purchaser  are  established  on  final  proof  and  payment  ana 
no  failure  of  the  district  office  to  act  thereon  can  affect  the  same.  3  L.  D.,  L72; 
No.  741.  .  .    , 

\  pre-emptor  in  Kansas  having  become  insane  alter  filing  and  three  years 
residence, the  wife's  homestead  entry  in  her  own  name  was. in  view  of  the 
local  law,  treated  as  a  transmutation  and  credit  allowed  for  the  residence.    3 

'offered'  land  is  Bubject  to  the  entry  of  other  purchasers,  after  laches  in  filing 

by  the  settler,  but  is  not  forfeited  as  to  the  government    3  L.D.,119;  No.  1448. 

'  failure  to  cultivate  on  the  part  of  the  heir  excused  for  climatic  reasons.     3 

The  "  trade  and  business  "  contemplated  ill  Sec.  2258,  R.  S.,  must  be  actual.  3 
L.  1>.,  283  ;  No.  414. 

But  one  filing  allowed  under  the  law.    3L.D.,258;  No.  1137. 

,nd,  allowed  only  after  careful  scrutiny.    3  L.  1).,  161  ;  No.  87;  see  also 

,899,  1155.  ,  ,  . 

-  -uid,  not  allowed  where  the  first  was  made  upon  a  tract  claimed  by  another, 
in  the  belief  that  such  claim  would  be  relinquished,  which  claim  was  relin- 
quished.   3  L.  D.,  1  si  ;  No.  L133. 

'  -     Miid.  allowed   where  the  first  did   not   correspond  with   the  settlement.     :; 
I,   |t    93  ;  No.  1 L27. 
A  filing  based  upon  settlement   made  in  trespass  is  a  nullity.    3L.  D.,  188; 

An  "expired  pre-emption  filing"  is  no  bar  to  the  disposition  of  public  land. 
:;  L  I»    317;  No.  900. 

Where  the  claimant-  are  equally  in  laches  as  to  filing,  the  land  is  awarded 
to  the  prior  record  and  settlement.    3  L.  D.,347  ;  No.  mi;  Bee  also  No.  1034. 

Filing  before  settlement  cured  by  settlement  prior  to  the  inception  of  an  ad- 
vereenght    3  L.  D.,374,  199;  No-,  in:;.  L163. 


MATTHEWS'S    GUIDE.  147 

Second  filing  not  allowed  on  account  of  untillable  character  of  land  where 
there  lias  been  no  cultivation,    3  L.  D.,  379;  No.  1145. 

The  right  to  tile  exhausted  by  filing  made  through  agent.  3  L.  D.,  391  ;  No. 
1151. 

Declaratory  statement  must  be  filed  within  statutory  period  to  protect  the 
settler.    3  L.  D.,  455  ;  No.  1159. 

Pre-emptor  at  time  of  filing  was  not  qualified,  but  as  the  disqualification  had 
ceased  to  exist  prior  to  the  inception  of  an  adverse  right  he  was  allowed  to 
purchase.    3  I..  D.,  500  ;  No.  1163. 

Failure  of  pre-emptor  to  declare  his  intention  of  becoming  a  citizen,  prior 
to  filing,  may  be  cured  before  the  intervention  of  an  adverse  right.  3  L.  D., 
452  ;  No.  1157. 

A  nominal  change  of  residence  will  not  defeat  the  inhibition  of  Sec.  2360,  R. 
S.     3  L.  D.,  56  ;  No.  1112. 

The  proprietor  of  three  hundred  and  twenty  acres  cannot  render  himself  a 
competent  pre-emptor  by  the  conveyance  of  one  acre  to  his  infant  child.  3  L. 
D.,  56;  No.  1112. 

Marriage  of  single  woman,  after  filing  and  before  final  proof,  defeats  the 
right  of  purchase.    3  L.  D.,  384  ;  No.  1148. 

Expired  filing,  how  treated.    3  L.  D.,  576 ;  No.  94. 

Right  of,  as  against  adverse  claims,  rests  upon  priority  in  settlement.  4  L. 
D.,  423 ;  No.  1202. 

Claimant  must  have  the  requisite  qualifications  at  settlement.  4  L.  D.,  116  ; 
No.  1180. 

No  validity  in  the  filing  and  settlement  of  one  who  has  exhausted  his  pre- 
emptive right.    4  L.  D.,  560 ;  No.  545. 

Right  of,  not  acquired  by  settlement  upon  land  under  control  and  occupa- 
tion of  another.    4  L.  D.,  124  ;  No.  1182. 

Declaratory  statement  is  for  protection  as  against  the  claims  of  subsequent 
settlers.    4  L.  D.,  514 ;  No.  1208. 

Right  of  not  dependent  upon  filing  declaratory  statement.  4  L.  D.,  514 ;  No. 
12D8. 

The  purchase  of  improvements  already  upon  the  land  equivalent  to  making 
the  same.    4  L.  D.,  56,  63,  259 ;  Nos.  1174,  1175,  498. 

Cultivation  in  person  not  requisite.    4  L.  D.,  50;  No.  1174. 

Use  of  land  for  grazing  purposes  held  to  be  cultivation.  4  L.  D.,  502 ;  No. 
12<i7. 

The  second  clause  of  section  2260,  Revised  Statutes,  presumes  an  actual  prior 
residence.    4  L.  D.,  200 ;  No.  1189. 

The  first  clause  of  section  2200,  Revised  Statutes,  does  not  cover  land  held 
jointly  by  the  pre-emptor  and  his  wife  in  Dakota.    4  L.  D.,  432 ;  No.  1203. 

Bar  under  second  clause  of  section  2260,  Revised  Statutes,  removed  by  deed, 
in  good  faith,  from  husband  to  wife.    4  L.  D.,  355,  432;  Nos.  1199,  1203, 

Guardian  of  minor  heir  may  file  the  necessary  papers.    4  L.  D.,  139  ;  No.  1186. 

Mortgagee  after  final  certificate  entitled  to  be  heard  in  case  the  entry  is  held 
for  cancellation.    4  L.  D.,  544 ;  No.  945. 

Marriage  of  single  woman  after  filing  and  before  final  proof  defeats  the  right 
of  purchase.    4  L.  D.,  70;  No.  1177. 

Good  faith  to  be  determined  from  the  circumstances  surrounding  each  case. 
4L.  D.,  80;  No.  1176. 

Compliance  with  the  law  allowed  to  be  shown  on  the  removal  of  statutory 
disqualification.    4  L.  D.,  420;  No.  1201 ;  but  see  No.  1227. 

Suspension  of  plat  considered  as  an  excuse  for  non-compliance  with  the  law. 
4  L.  D.,  333 ;  No.  1198. 

Right  to  take  timber  from  claim.    4  L.  D.,  289  ;  No.  105. 

Recognizes  settlement  as  the  legal  basis  of  a  claim  against  the  United  States. 
:>  L.  D.,  274,  537  ;  Nos.  1528,  1231. 

Depends  upon  settlement  made  on  land  subject  thereto.  5  L.  D.,  289;  No. 
583. 

is  a  preferred  right  of  purchase.    5  L.  D.,  274,  537  ;  Nos.  1528,  1231. 


14S  MATTUKW.-S    i. TIDE. 

Is  based  upon  settlement,  inhabitancy,  and  cultivation.     ■">  L.  D.,537;  No. 

The  preference  right  of  purchase,  acquired  by  settlement,  filing,  and  resi- 
dence, const  i mies  the  nature  and  substance  of  a  pre-emption  claim.    5  L.  D., 

A  claim  resting  on  the  settlement  and  filing  of  one  who  had  previously  ex- 
hansted  bia  right  is  illegal.    5  L.  1>..  l»'>;  No.  ■ 
/illegal.    5  L.  P.,  16;  No.  555. 

Filing  and  entry  of  one  who  removes  from  land  of  his  own  to  settle  upon 
public  land  in  the  same  State  exhausts  right  of.    5  L.  D.,  413;  No.  1227. 

Right  of,  once  exhausted,  cannot  be  restored  except  by  Congress.  5  L.  D., 
643;  No.  Li 

Right  of.  as  affected  by  failure  to  file  in  case  of  intervening  claim.  5  L.  D., 
ISSfNo.  1218. 

Claim  finally  concluded  if  unsuccessfully  set  up  to  defeat  the  final  proof  ol 
another.    5  L."  D,  260  ;  No.  1220. 

"  Trade  and  business  "  that  exempts  land  from.    5  L.  D.,  180 ;  No.  414. 

Not  precluded  by  abandoned  townsite  settlement.    5  L.  D.,  180;  No.  414. 

Fraudulent  if  made  in  the  interest  of  another.    5  L.  D.,  52;  No.  1212. 

Right  of,  when  accorded  to  a  "  deserted  wife."    5  L.  D.,  42 ;  No.  1213. 

Invalid  claim  not  strengthened  by  transmutation,    5  L.  D.,  16;  No.  555. 

All  the  acts  required  by  law  must  be  performed  before  any  right  is  secured 
as  against  the  government.    5  L.  D.,  442  ;  No.  664. 

Not  defeated  by  homsteader  who  alleges  residence  within  less  than  bit  months 
after  entry  and  fails  to  show  the  same/  5  L.  D.,  440 ;  No.  1228. 

Right  of,  does  not  extend  to  land  occupied  under  military  authoritv.  6  L. 
D-376;  No.  1225. 

Heirs  may  enter  within  time  accorded  the  pre-emptor.     5  L.  D.,  4>4;  No. 

Administrator  after  qualification,  may  enter.    5  L.  D.,  454 ;  No.  1229. 

Right  of  administrator  defeated  by  the  intervention  of  an  adverse  claim  un- 
Less  asserted  in  proper  time.    5  L.  D.,  454;  No.  122!'. 

Dutv  of  administrator  fixed  by  notice  of  the  claim.    5  L.  D.,  454  ;  N  >.  1229. 

The  adverse  claim  ofa  railroad  company  is  not  that  of  "any  other  purchaser." 
5L.  D..  47:;;  No.  1547. 

Where  rights  and  equities  are  equal  the  first  in  time  has  the  better  title.  5 
LuD.,643;  No.  1235. 

THE  TIMBER-CULTURE    LAWS. 

The  act  of  March  3,  1873  (17  Stats.,  605),  entitled  "An  act  to  encoti 
the  growth  of  timber  on  the  western  prairies,"  provided  that  any  person  might 
make  an  entry  under  that  act  on  any  quarter  section  of  the  public  lands. 

Entii<  -  under  that  act  were  not  restricted  to  heads  of  families,  persons  twenty- 
one  years  of  age,  citizens,  or  those  who  had  declared  their  intention  to  be> 
citizens  of  the  United  State-1. 

Persons  making  entries  under  said  act  were  required  to  plant,  protect,  and 
keep  in  a  healthy  growing  condition  for  ten  (lo)  years  forty  acres  oftimbi 
the  quarter  section  entered.     Tin1  trees  were  to  be  not  more  than  twelve  (12 
apart  each  way.    Only  one  quarter  of  any  section  could  be  entered.    Entrief 

were  to  be  made  for  tl" altavation  of  timber.    Final  proof  could  be  made  at 

the  expiration   of  ten  |  LO)  years  from  the  date  of  entry  or  at  any  time  within 
three  c;)  year-  thereafter. 

In  making  final  entry  under  this  act  the  party,  <>r,  if  he  be  dead,  his  heirs  or 
•  itivee, must  "prove  bvtwo  credible  witnesses  that  he.  shi .  or 
they  have  planted,  and  for  not  less  than  ten  years  have  cultivated  and  pro- 
!,"  the  quantity  and  character  of  timber  above  mentioned. 

The  act  of  March  13,  1874  (is  Stats.,  21),  was  an  act  amendatory  of.  and. 
from  said  March  13,  1874,  a  substitute  for.  the  ad  of  .March  3.187.'..  All  timber 
culture  entries  made  between  March  13,  L874,  and  June  14,1878,  were  made 
under  the  act  of  1874.    This  act  provided  thai  citizens  of  the  United  Stati 


MATTHEWS'S    GUIDE.  149 

Eersons  who  had  declared  their  intention  of  becoming  citizens,  and  who  were 
cads  of  families  or  had  arrived  at  the  age  of  twenty-one  years,  could  make 
such  entries. 

Entries  were  to  be  made  for  the  cultivation  of  timber. 

Forty  acres  of  timber  on  a  quarter-section,  and  the  like  proportion  of  timber 
on  less  than  a  quarter-section,  were  required  to  be  planted,  protected,  and  kept 
in  a  healthy  growing  condition  for  eight  (8)  years.  The  trees  were  to  be  not 
more  than  twelve  (12)  feet  apart  each  way. 

Only  one  quarter-section,  or  its  equivalent,  could  be  entered  by  any  one  per- 
son under  this  act. 

The  party  making  an  entry  of  one  quarter-section  was  required  to  break  ten 
(10)  acres  of  the  land  the  first  year,  ten  (10)  acres  the  second  year,  and  twenty 
(20)  acres  the  third  year  after  thedate  of  the  entry  ;  and  to  plant  ten  (10)  acres 
of  timber  the  second  year,  ten  (10)  acres  the  third  year,  and  twenty  (20) 
acres  the  fourth  year  after  the  date  of  the  entry,  and  in  the  same  proportion 
when  the  entry  was  for  a  less  area  than  one  quarter-section.  Final  proof  could 
be  made  at  the  expiration  of  eight  (8)  years  from  the  date  of  entry,  or  at  any 
time  within  five  (5)  years  thereafter. 

In  making  final  entry  under  this  act  the  party,  or,  if  he  be  dead,  his  heirs  or 
legal  representatives,  must  "prove  by  two  credible  witnesses  that  he,  she,  or 
they  have  planted,  and  for  not  less  than  eight  years  have  cultivated  and 
protected,"  the  quantity  and  character  of  timber  mentioned  in  this  act. 

In  case  of  the  death  of  a  person  who  had  complied  with  the  provisions  of 
the  act  for  three  (3)  years  the  heirs  or  legal  representatives  had  the  option  to 
continue  the  compliance  for  the  remainder  of  the  eight  years  and  to  receive 
patent  accordingly,  or  to  receive  patent  for  forty  (40)  acres  outright  by  relin- 
quishing all  claim  to  the  remainder. 

Entries  made  under  the  act  of  March  3, 1873,  can  be  completed,  and  final 
proof  made  under  the  act  of  March  13,  1874,  upon  compliance  with  the  pro- 
visions of  the  latter  act. 

By  the  act  of  May  20, 1876  (19  Stat.,  54),  amendatory  of  the  act  of  1874,  it 
was  provided  that  whenever  a  party  holding  a  claim  or  making  final  proof  un- 
der said  act  should  prove,  by  two  credible  witnesses,  that  the  trees  planted 
and  growing  on  said  claim  were  destroyed  by  grasshoppers  during  any  one  or 
more  years,  the  time  allowed  in  which  to  plant  the  trees  and  make  final  proof 
should  be  extended  the  same  number  of  years  as  the  trees  planted  were  so  de- 
stroyed. 

It  was  also  provided  that  the  planting  of  seeds,  nuts,  and  cuttings  should  be 
considered  a  compliance  with  the  timber-culture  act,  when  such  seeds,  nuts,  and 
cuttings  should  be  properly  and  well  planted,  and  the  ground  properly  pre- 
pared and  cultivated. 

It  is  not  necessary  under  this  act  that  the  planting  shall  be  done  in  one  body, 
"  provided  the  several  bodies,  not  exceeding  four  in  number,  planted  by  measure- 
ment, aggregated  the  amount  required  and  in  the  time  required  by  the  original 
and  amended  act." 

It  was  provided  that  in  case  the  seeds,  nuts,  or  cuttings  should  not  germinate 
and  grow,  or  should  be  destroyed  by  the  depredations  of  grasshoppers,  or  from 
other  inevitable  accident,  the  ground  should  be  replanted,  or  the  vacancies 
filled  within  one  year  from  the  first  planting.  Parties  claiming  the  benefit  of 
this  provisoin  were  to  prove,  by  two  good  and  credible  witnesses,  that  the  ground 
was  properly  prepared  and  planted,  and  that  the  destruction  of  the  seeds,  nuts, 
or  cuttings  was  caused  by  inevitable  accident. 

The  act  of  June  14,  1878  (20  Stats.,  113),  is  an  act  amendatory  of,  and,  as  to 
all  entries  made  since  June  14,  1878,  is  a  substitute  for,  the  act  of  March  13. 
1S74. 

The  following  regulations  under  the  timber-culture  laws  are  prescribed — 
approved  by  Secretary  Lamar  July  12,  1887  : 

1.  The  only  persons  who  are  authorized  to  make  timber-culture  entries  under 
the  act  of  June  14,  1878,  are  heads  of  families  or  single  persons  who  have  at- 


1.50  M.vrnir.ws's   GUIDE. 

tained  the  age  of  twenty-one  yeara,  and  are  citizens  of  the  United  States  or  Lave 
declared  then*  intention  to  become  such,  and  who  have  made  n<>  previous  entry 
under  the  timber-culture  laws. 

•_'.  Entries  are  restricted  to  one  quarter-section  or  one  hundred  and  sixty 
-.  which  may  be  portions  of  contiguous  sub-divisions  <>t"  the  Bection,  pro- 
vided the  entry  forms  a  compact  body  of  land. 

.;.  No  person  can  make  more  than  one  entry.  Timber-culture  rights  once 
exhausted  cannot  be  restored  by  the  ( Jommissioner  of  the  i  reneral  Land  <  mice. 

4.  No  more  than  one-quarter  of  any  section  can  be  embraced  in  one  entry, 
and  tin- entire  section  must  l>e  exclusively  prairie  lands  or  other  lands  devoid 
Of  timber.  The  removal  of  a  natural  growth  of  timber  will  not  render  land 
subject  to  timber-culture  entry. 

5,  A  person  applying  to  make  a  timber-culture  entry  must  file  the  affidavit 
prescribed  by  law,  showing  his  qualifications  to  make  the  entry  ;  that  the  sec- 
tion of  land  specified  in  his  application  is  composed  exclusively  of  prairie  or 
other  lands  devoid  of  timber;  that  the  entry  is  made  for  the  cultivation  of 
timber  and  for  his  own  exclusive  use  and  benefit-;  that  he  makes  his  applica- 
tion in  good  faith,  and  not  for  the  purpose  of  speculation,  nor  directly  or  indi- 
rectly for  the  use  or  benefit  of  any  other  person  or  persons  whomsoever ;  that 
he  intends  to  hold  and  cultivate  the  land  and  to  fully  comply  with  the  provis- 
ions of  the  law,  and  that  he  has  not  heretofore  made  an  entry  under  said  tim- 
ber-culture at  or  any  acts  of  which  said  act  of  1878  is  amendatory. 

The  following  form  of  affidavit  is  prescribed: 

timbkr-oulture  a i  1 "  1 1 » av1t. 

Land  Office  at , 

{Date) ,  is— . 

I, ,  of  (town  or  city) ,  county  of  .  Stat r  Terri- 
tory) of ,  having  filed  my  application  No. for  an  entry  under  the 

provision  ofan  act  entitled  "  An  act  to  amend  an  act  entitled  '  An  act  to  encourage 
the  growth  of  timber  on  the  western  prairies.'"  approved  June  14,  1878,  do 

solemnly that  I  am  the  head  of  a  family  (or  over  twenty-one  years  of  a 

and  a  citizen  of  the  United  States  (or  have  declared  my  intention  to  become 
such  i  :  that  I  have  made  personal  examination  of  said  land  and  from  my  per- 
sonal know  ledge  of  the  same  Btate  that  the  section  of  land  specified  in  my  said 
application  is  composed  exclusively  of  prairie  lands,  or  other  lands  devoid  of 
timber;  that  this  filing  and  entry  \s  made  lor  the  cultivation  of  timber,  and  for 
my  own  exclusive  use  and  benefit  ;  that  I  have  made  the  Baid  application  in 
good  faith  ami  not  for  the  purpose  of  speculation,  or  directly  or  indirectly  for 
the  use  or  benefit  of  any  other  person  or  persons  whomsoever ;  that  I  intend 
to  hold  and  cult i vat i •  the  land,  and  to  fully  comply  with  the  pn>\  isions  of  this 
said  ad  ;  and  that  I  have  not  heretofore  made  an  entry  under  this  act,  or  the 
i'  which  this  is  amendatory. 

My  post-office  address  is . 

I  hereby  certify  that  the  foregoing  affidavit  was  read  to  affiant  in  my  pres- 
ence before  be  signed  his  name  thereto;  that  said  affiant  is  to  me  personally 

known  (or has  been  satisfactorily  identified  before  me  by band 

that  I  verily  believe  him  to  be  a  credible  person  and  the  person  he  represents 
himself  to  be,  and  that  this  affidavit  was  subscribed  to  before  meal  my  office 
in on  this day  of ,  1^ — . 


Any  person  falsely  swearing  to  this  affidavit,  or  to  any  affidavit  required  by 
law  or  regulations  under  the  timber-culture  act.  is  guilty  of  perjury,  and  will 
be  punished  as  the  law  provides  for  such  offense. 

6.  The  foregoing  affidavit, and  the  non-mineral  affidavit,  can  be  made  only 
upon  the  personal  knowledge  of  affiant,  and  neither  of  said  affidavits  can  he 

made  by  any  other  person  than  the  applicant    him-elf. 


MATTHEWS's    GUIDE.  151 

7.  Non-mineral  affidavits  will  be  required  in  all  timber-culture  entries  in 
districts  in  which  non-mineral  amdavits  are  required  in  other  cases  of  agri- 
cultural entry,  and  must  in  every  instance  accompany  the  original  entry  appli- 
cation, and  must  be  made  at  the  same  time  and  place  and  before  the  same 
officer  as  the  original  timber-culture  affidavit. 

8.  All  affidavits  required  under  the  timberculture  laws  must  be  made  before 
the  register  or  the  receiver  or  the  clerk  of  sonic  court  of  record,  or  officer 
authorized  to  administer  oaths  in  the  district  where  the  land  is  situated. 
Timber  culture  affidavits  executed  or  signed  outside  of  the  district  in  which 
the  land  is  situated,  or  executed  or  signed  in  blank,  arc  illegal.  Every  affiant 
must  be  sworn  personally  by  the  officer  taking  the  affidavit,  at  his  office,  and 
at  the  date  specified  in 'the*  jurat;  and  the  officer  taking  the  affidavit  must 
cert  ify  that  the  person  was  so  sworn  and  that  the  same  was  read  in  full  t<  >  affiant 
before  he  affixed  his  signature  thereto ;  and  the  attesting  officer  must  certify 
to  the  identity  and  credibility  of  the  party  appearing  before  him. 

9  Timber-culture  entries  cannot  be  made  for  mineral  lands,  nor  for  lands 
within  the  limits  of  townsites,  or  covered  by  municipal  improvements. 

10.  Before  allowing  any  entry  applied  for,  the  register  and  receiver  will,  by 
a  careful  examination  of  the  tract  and  plat  books,  satisfy  themselves  that  the 
entry  applied  for  will  not  conflict  with  any  other  entry  or  entries  previously 
made.  They  will  require  the  party  to  pay  the  fee  and  that  part  of  the  com- 
mission payable  at  the  date  of  entry,  for  which  the  receiver  will  issue  his 
receipt  in  duplicate  (form  4-142),  giving  the  duplicate  receipt  to  the  party. 

11.  The  payments  required  by  law  on  a  timber-culture  entry  arc  as  follows: 
For  eighty  acres  or  less,  fee  $5,  to  be  paid  at  date  of  entry ;  commissions,  $4 ; 
total,  $9.  For  more  than  eighty  acres,  fee  $10  at  date  of  entry  ;  commissions, 
$4 ;  total,  $14.  Besides,  in  each"  case,  84  when  final  proof  is  made.  No  other 
fee,  charge,  gratuity,  or  reward  is  permitted  to  be  paid  or  received  for  any  ser- 
vices rendered  at  district  land  offices  in  connection  with  such  entries.  The 
receiver  will  account  for  the  fees  and  commissions  in  the  usual  manner,  indi- 
cating the  same  as  fees  and  commissions  on  timber-culture  entries.  No  dis- 
tinction is  made,  as  to  area  or  the  amount  of  fee  and  commission*,  between 
minimum  and  double  minimum  lands.  The  register  and  receiver  will  number 
the  entry  in  its  order  and  proper  series  of  numbers  and  will  note  the  entry  on 
their  records  and  report  the  same  in  their  monthly  returns,  sending  up  all  the 
papers  therein,  with  an  abstract  of  the  entries  allowed  during  the  month. 

L2.  Five  acres  on  a  quarter-section  must  be  broken  or  plowed  the  first  year, 
and  five  acres  the  second  year.  The  second  year  the  first  five  acres  must  be 
cultivated  to  crop  or  otherwise.  The  third  year  the  second  five  acres  must  be 
cultivated  to  crop  or  otherwise,  and  the  first  five  acres  must  be  planted  in  tim- 
ber, seeds,  or  cuttings.  The  fourth  year  the  second  five  acres  must  be  planted 
in  timber,  seeds,  or  cuttings.  Ten  acres  are  thus  to  be  plowed,  planted,  and 
cultivated  on  a  quarter-section,  and  the  same  proportion  when  less  than  a 
quarter-section  is  entered.  The  whole  ten  acres  or  the  due  proportion  thereof 
must  be  prepared  and  planted  within  four  years  from  the  date  of  entry,  five  acres 
being  prepared  the  first  and  second  years  and  planted  the  third  year,  and  five 
acres  being  prepared  the  second  and  third  years  and  planted  the  fourth  year. 

13.  The  preparation  of  the  ground  by  breaking  and  cultivation  to  crops  must 
be  thorough.  The  plowing  must  be  done  at  the  proper  season  of  the  year  and 
must  be  sufficiently  deep  to  thoroughly  break  and  mix  the  soil,  and  the  culti- 
vation to  crop  must  be  actual  and  bona,  fide.  The  object  of  the  law  is  to  pro- 
mote the  cultivation  of  timber,  and  land  not  made  fit,  by  careful  and  thorough 
preparation,  to  produce  a  growth  of  trees,  is  not  prepared  as  contemplated  by 
law,  and  a  failure  to  strictly  comply  with  the  law  renders  the  entry  liable  to 
contest. 

14,  Trees,  tree  seeds,  or  cuttings  must  be  of  suitable  character  to  germinate 
and  grow  with  proper  cultivation,  and  must  be  carefully  and  properly  set  out 
or  planted,  and  at  a  proper  season  of  the  year  to  ensure  growth,  and  must  be 
carefully  and  thoroughly  cultivated. 


152  MATTIIEWS'S    GUIDE. 

]:.  Where  lund  is  Belected  for  timbeavcultare  entry  which  in  ite  natural  state 
will  not  produce  trees  without  irrigation,  the  ground  will  not  be  regarded  as 
properly  prepared  nor  the  trees  as  properly  cultivated  unless  thelandisim- 
l  and  the  trees  kept  watered,  . 

16  Wherethe  ground  is  properly  prepared  and  cultivated,  and  the  planting 

is,  or  cuttinga  Lb  well  and  Beasonably  done,  and  the  same 
Bhould  not  germinate  and  grow,  the  ground  must  here-planted  and  vacancies 
filled  the  same  or  next  succeeding  Beason.  If  the  trees,  seeds,  or  cuttings  are 
»ved  by  grasshoppers  or  by  extreme  unusal  droughts,  the  tune  oi  planting 
mav  be  extended  one  year  for  every  year  of  such  destruction,  upon  the  filing 
in  the  local  office  of  an  affidavit  by  the  entryman,  corroborated  bytwowifr 
ting  forth  the  destruction  and  asking  the  extension  oi  tune  provided 

17  The  offering  of  relinquishments  for  Bale  after  entry  will  be  regarded  and 
treated  as  evidence  tending  to  prove  the  fraudulent  or  speculative  character  of 

18.  The  following  classes  of  trees  are  recognized  as  "timber"  within  the 
m<  aning  of  the  law,  viz  :  Ash  (including  mountain  ash,  or  service  tree),  alder 
basswood  beech,  birch,  box  elder,  black  walnut,  butternut  (otherwise  called 
white  walnut),  cedar,  chestnut,  cottonwood,  elm,  fir,  hickory,  honey  locust,  larch, 
maple  oak,  pine,  spruce,  Bycamore  (otherwise  called  buttonwood,  or  cotton 
tree)  white  wollow,  whitewood  (or  tulip  tree) ;  and  other  trees  recognized  in 
Qie  neighborhood  as  of  value  for  timber,  for  firewood  or  domestic  use  or  for 
commercial  purposes.  Fruit  trees,  hedges,  and  shrubbery  cannot  he  classed  as 
•'  timber,"  and  their  cultivation  is  not  sufficient  to  satisfy  the  demands  of  the 

'  19    Final  proof  can  be  made  at  the  expiration  of  eight  years  from  date  of 
sntry,  or  at  any  time  within  five  years  thereafter.     In  making  linal  proof  it 

must  be  shown :  #«-««%.  P  x. 

■,at  not  less  than  twenty-seven  hundred  (2,/ 00)  trees  of  the  proper 
character  were  planted  on  each  acre  required  to  be  planted. 

That  the  quantity  and  character  of  trees  as  aforesaid  have  been  cul- 
tivated and  protected  for  not  Less  than  eight  years  preceding  the  time  of 
making  proof.  .  .    . 

Third.  That  at  the  time  of  making  proof  there  are  growing  at  Least  six  hun- 
dred and  Beventy-five  (675)  living  ana  thrifty  trees  to  each  acre. 
20.  Perfectjgood  fcithmust  be  shown  by  claimants.    If  trees,  seeds,  or  cuttings 
they  must  he  replanted  ;  and  not  only  must  tree-  he  planted,  but 
protected  and  cultivated  in  such  manner  as  to  promote  their 
growth. 

"1     Ml  entries  since  June  14,  1878,  arc  made  under  the  act  of  that  date. 

Parties  who  made  entries  under  any  of  the  former  acts  may  complete  the  same 

and  make  final  proof  under  the  act  of  L878,  upon  showing  that  they  have  had 

under  cultivation,  for  at  leasteight  years  the  number  oi  acres  required  by  the 

78  and  at  the  time  of  presenting  final  prooi  havethe  number  oi  Living 

thrifty  tree-  required  thereby;  bul  they  need  not  .-how  that  they  followed 

the  mannei  of  planting  preecribed  by  the  later  act,  if  the  planting  was  done 

lance  with  the  requirements  of  anj  one  of  the  preceeding  acts. 

22    In  computing  the  period  of  cultivation  thetime  runs  from  the  date  when 

the  toi  J  number  of  tan  ircuttings  required  by  (head  axe  planted 

Hereafter  parties  desiring  to  oiler  final  proof  in  timber-culture  cases  will 
be  required  to  file  a  notice  of  their  intention  with  the  register  oi  the  proper 
district  land  office,  and  the  Baine  shall  be  published  in  the  same  manner  as  in 
homestead  and  pre-emption  i  .„,,,,,.*•  ,      i 

•ji    In  making  final  proof  the  claimant  (or,ii  he  be  dead,  his  heirs  or   egaJ 
representatives)  must  appear  in  person  with  at  Least  two  witnesses  at  the  land 
office  of  thedistrict  in  which  the  land  is  situated, and  there  make  the  necessary 
proofs:  or  the  affidavit  of  the  party  may  be  made,  and  his  tesfamonv,  and  the 
aony  of  hi-  witnesses,  given  before  a  judge  or  clerk  of  a  court  oi  record  in 


MATTHEWS's   GUIDE.  153 

such  land  district,  but  all  the  proof  must  be  taken  at  the  same  time  and  place 
and  before  the  same  officer. 

25.  The  officer  administering  the  oath  or  taking  the  testimony  must  certify 
to  the  identity  and  credibility  of  the  party  appearing  before  him. 

26.  The  proof  must  set  forth  specifically  and  in  detail  all  the  facts  of  the 
case,  showing  when  cultivation  was  commenced,  the  acts  performed,  amount  of 
kind  plow-d,  cultivated,  and  planted,  what  was  done  in  each  year,  the  total 
number  of  trees  planted,  the  total  number  growing,  and  their  size  and  condi- 
tion at  date  of  proof,  and  other  facts  or  circumstances  material  to  the  case. 
(Forms  4-093,  4-385,  and  4-386). 

27.  The  register  and  receiver  will  carefully  examine  the  evidence,  and,  if 
found  sufficient  to  show  that  the  claimant  has  fully  complied  with  the  law, 
they  will  proceed  (on  payment  of  the  final  commissions  allowed  by  law)  to 
issue  the  final  certificate  and  receipt  in  the  manner  prescribed  in  forms  4-148 
and  4-217. 

28.  Contests  may  be  instituted  against  timber-culture  entries  for  illegality  or 
fraud  in  the  inception  of  the  entry,  for  failure  to  comply  with  the  law  after 
entry,  or  for  any  sufficient  cause  affecting  the  legality  or  validity  of  the  claim. 
(See  Rule  1,  et  seq.,  of  Practice,  approved  August  13,  1885.) 

29.  Contestants  of  timber-culture  entries  since  the  adoption  of  the  foregoing 
rules  of  practice  are  not  required  to  file  an  application  to  enter  the  land  at  the 
time  of  the  initiation  of  contest,  but  the  successful  contestant  secures  a  prefer- 
ence right  of  entry  under  the  second  section  of  the  act  of  May  14, 1880 — 12  Stat., 
140.  (This  regulation  overrnles  the  decision  in  Bundy  vs.  Livingston,  1  L.  D, 
Rev.  Ed.,  152.) 

30.  No  land  acquired  under  the  provisions  of  the  act  of  June  14, 1878,  will  in 
any  event  become  liable  to  the  satisfaction  of  any  debt  or  debts  contracted  prior 
to  the  issuing  of  the  final  certificate  therefor. 

31.  Applicants  to  make  timber-culture  entries,  and  claimants  and  witnesses 
making  final  proof,  must  in  all  cases  state  their  place  of  actual  residence,  their 
business  or  occupation,  and  their  post-office  address.  It  is  not  sufficient  to 
name  the  county  and  State  or  Territory  where  a  party  lives,  but  the  town  or 
city  must  be  named,  and  if  residence  is  in  a  city  the  street  or  number  must  be 
given. 

32.  Nothing  herein  will  be  construed  to  have  a  retroactive  effect  in  cases 
where  the  official  regulations  of  this  Department  in  force  at  the  date  of  entry 
were  complied  with. 

TIMBER-CULTURE  RULINGS. 

Circular  of  February  1, 1882,  with  blank  forms.     1  L.  D.,  638 ;  No.  44 

Good  faith  an  essential.     1  L.  D.,  148  ;  No.  1781. 

Work  may  be  done  at  any  time  within  the  required  period.  1  L.  D.,  137 ; 
No.  1774. 

Work  may  be  done  by  an  agent,  but  the  entryman  will  be  responsible 
therefor.    1  L.  D.,  120 ;  No.  1755. 

Work  may  be  done  by  entryman,  his  agent,  or  his  vendor.  1  L.  D.,  137 ;  No. 
1774. 

Entry  made  in  arid  country,  at  the  claimant's  risk.     1  L.  D.,  123 ;  No.  1759. 

Requirements  of  the  law  may  not  be  waived  by  the  General  Land  Office.  1 
L.  D.,  120;  No.  1755. 

As  late  as  1879  the  Cottonwood  was  not  classed  among  timber  trees.  1  L.  D., 
165 ;  No.  1799. 

The  honest  efforts  of  the  entryman  will  be  protected.     1  L.  D.,  142  ;  No.  1778. 

The  act  of  1874  did  not  specify  the  character  of  the  land  subject  to  entry, 
but  left  such  matter  to  the  regulation  of  the  General  Land  Office.  1  L.  D.,  165  : 
No.  1799. 

Rights  of  deceased  claimant  descend  to  the  heirs  and  not  to  the  widow.  1 
L  D.,  121,  127, 136;  Nos.  1756,  1765,  1773. 

Rights  of  the  widow  under  Kansas  laws.     1  L.  D.,  149 ;  No.  1782. 


154  MATTHEWS    GUIDE. 

Entryinan  not  required  to  reside  in  the  State  or  Territory  wherein  the  land 
is  Bituated.     l  L.  1'..  I  18;  No.  L781. 

Re  luirementa  of  the  law  like  that  of  the  pre-emption  law  in  certain  respects 
indicated.     1  L.  1>..  L42;  No.  L778. 

Breaking  may  be  done  in  advance  of  time  required,     l  L.  I >..  137  ;  No.  l .  <  4. 

Failure  to  break  not  excused  by  reason  of  drought     l  I..  D.,  141  ;  No.  1-77. 

Mistake  as  to  amount  broken  excused.     1  L.D.,126;  No.  1762. 

Breaking  in  Colorado  possible  without  irrigation.     1  L.  1>..  123;  No.  1759. 
iking  done  under  previous  entry  fully  available,    l  L.  1>..  137  ;  No.  1774  ; 
but  see  Nos.  1890,  I960. 

Planting  of  first  five  acres  must  be  done  third  year.    1  L.D.,135;  No.  1771. 

Slight  failure  to  plant  excused,     l  L.  I>..  130;  No.  1767. 

Replanting  must  follow  when  trees  are  destroyed,    l  J..  D.,  128  ;  No.  1766. 

Cultivation  is  Buch  can-  and  attention  as  will  besl  promote  the  healthy 
growth  of  trees.  I  L.  1'..  L30;  No.  L767. 

Mulching  may  be  regarded  as  cultivation,    l  L.  I>..  130  ;  No.  1767. 

Replowing  of  five  acres  second  year  treated  as  cultivation,  l  L.J).,  135;  No. 
1771. 

Want  of  cultivation  not  presumed  from  the  small  number  oi  trees  growing 
at  the  end  of  three  years,    l  L.  D.,  127;  No.  1765. 

Effective  cultivation  must  he  shown.  1  L.  P.,  117;  No.  1802;  but  Bee  ><>.  135 
overruling  1785  (Bundy). 

Entry  may  be  made  by  adeserted  wife  (with  children)  as  the  head  oi  a 
family."    2  I..'  D.,311;  No.  1857. 

Maybe  made  by  a  citizen,  who,  when  an  alien,  innocently  made  a  prior 
entry  which  was  canceled  for  non-compliance  with  law.    -  L.  D.,  250;  No.  1819. 

May  be  made  by  one  whose  former  entry  was  canceled  because  made  on  land 
occupied  and  improved  by  another.    2L.D.,118;  No.294. 

May  be  made  wherecauses  beyond  the entryman's control  (the  establishment 
of  a  rattle  trail)  destroyed  the  land  first  entered  for  timber-culture  purposes.  2 
L.  D.,-327;  No.  1800. 

May  be  made  by  one  who  was  not  allowed  to  amend  a  former  entry,  because 
of  the  interposition  of  other  rights,  where  the  equities  were  with  him.  2  L. 
D.,  253,  -'"'l ;  Nos.  L804,  1811. 

May  be  made  by  a  local  officer,  or  clerk,  but  not  by  a  Bpecial  agent,  m  a  dis- 
trict other  than  that  in  which  he  is  stationed.    2  L.  1>.,  313  :  No.  181 1. 

Entry  allowed  during  pendency  of  contest  may  Btand,  there  being  now  no 
adverse  right  («  e  2  L.  D.,  p.  55).    2  I..  D.,  -Ml;  No.  L856. 

Will  not  be  allowed  where  there  is  a  prior  entry  m  the  same  section,  though 
contest  against  it  is  pending.    2  L.  D.,  34 ;  No.  403.  ......      , 

Maybeallowed  where  there  isa  prior  timber-culture  entry  whirl,  is  illegal 
.,„.  0f  conflict  with  a  certified  entry)and  cannot  go  to  patent.    2L.  D., 

May  bemade  on  land  covered  bya  pre-emption  filing,  and  take-  the  land  on 
failure  by  the  pre-emptorto  make  final  proof  in  the  time  required.    2L.  D.( 
No.  1081.  .  j     ,      , 

By  contestant  of  a  homestead  entry,  may  be  for  part  ol  the  land  and  contigu- 
ous land;  by  contestant  of  a  timber-culture  entry,  is  restricted  to  landincon- 
than  160  acres,  when  contiguous  land  may  be  included.    2  L. 
9-  No.  348 ;  but  see  135  overruling  1785  (Bundy). 
Musi  be  made  in  a  section  "composed  exclusively  ot  prairie  lands,  or  other 
lands  devoid  of  timber,"  thai  is  composed  of  land-  naturally  devoid  ol  timber. 

2  L.  1 1..  271  ;  No.  1826.  ,      , 

Whether  a  given  section  is  devoid  of  timber  is  to  be  determined  Dyinquir- 
ine  whether  nature  has  provided  timber  which  in  time  will  become  an  ade- 
quate supply  for  the  wants  of  the  people  likely  to  reside  on  it.  2  L.  D.,  Zffi  ; 
No.  1809;  but  aee  no  L997.  ,        ....  .*, 

Where  the  timber  growing  in  a  section  is  i Lned  to  fixed  Limits,  witn  no 

prospects  of  spreading,  and  is Inadequate  in  quantity  (500  trees),  entry  is  allowed. 
•_•  I..  D.,  268  ;  No.  1809;  but  Bee  No.  1997. 


MATTHEWS's    GTJTDE.  155" 

.May  be  made  where  the  trees  (450),  confined  to  the  margin  of  a  stream,  at 
maturity  become  unfit  for  use  as  timber  (decayed  at  the  heart).  2  L.  D.,  272, 
274  ;  Nos.  1829,  1841  ;  but  see  No.  1997. 

May  be  made  where  the  trees  (200),  confined  to  a  point  of  land  between  two 
sloughs,  were  dead,  dying,  or  decaying  at  the  top.  2  L.  D.,  273 ;  No.  1838  ;  but 
see  No.  1007. 

May  be  made  where  there  are  but  a  hundred,  or  a  half-acre  i  >!',  I  rees  confined 
to  the  margin  of  a  stream.    2  L.  i>.,  271  ;  No.  1841  ;  but  see  No.  1997. 

A  section  where  there  was  formerly  an  adequate  supply  (40  acres)  of  natu- 
rally-growing timber,  which  has  been  cut,  is  not  devoid  of  timber.  2  L.  D., 
270;  No.  1826. 

Where  applicant  proves  that  the  markings  on  the  plats,  showing  timber, 
were  erroneous,  entry  should  be  allowed  as  of  date  of  application.  2  L.  I)., 
850;  No,  1816. 

Entryman  under  act  of  1874  became  entitled  to  benefits  of  act  of  1878  (as  to 
area  to  be  cultivated)  at  date  of  its  passage.     2  L.  D.,  280;  No.  1812. 

The  entryman  is  entitled  to  a  full  year,  exclusive  of  the  day  of  entry,  in  which 
to  break  the  first  five  acres.    2  L.  ©.,  240,  295  ;  Nos.  1859,  1838. 

The  purpose  of  the  law  is  attained  by  a  thorough  overturning  of  the  entire 
area,  whether  by  plowing  or  otherwise  (grubbing),  so  as  to  fit  it  for  cultivation. 
2  L.  D.,  264  ;  No.  1852. 

When  one  enters  land  with  knowledge  of  its  unfitness  for  tree  culture,  he  will 
be  held  to  a  strict  compliance  with  the  requirements  of  law  (breaking).  2  L. 
I )..  205  ;  No.  1852. 

Hoeing  around  young  trees  and  permitting  a  growth  of  grass  and  weeds 
between  them,  which  is  necessary  to  insure  their  protection  in  a  cold  climate, 
satisfies  the  law.     2  L.  1).,  305  ;  No.  1813. 

Whilst  the  requirements  of  the  law  must  be  carried  out  fully,  nevertheless 
the  object  of  the  law,  "to  encourage  the  growth  of  timber,"  should  always  be 
kept  in  view  in  determining  the  question  of  compliance  with  them.  2  L.  D., 
300 ;  No.  1813. 

The  entryman  is  not  to  be  held  responsible  for  an  incendiary  fire  or  for  a  flood,- 
which  destroys  his  trees.     2  L.  D.,  307  ;  No.  1850. 

Unfavorable  weather  excuses  the-  failure  of  the  planting,  where  diligence  in 
remedying  it  was  exercised.     2  L.  !>.,  .'114  ;  No.  1821. 

At  the  moment  of  default  the  land  is  open  to  entry  by  the  first  legal  claim- 
ant, notwithstanding  that  an  illegal  contest  is  pending  against  it.  2  L.  D.,  266, 
283,  207,  318;  Nos!  1870,  1820,  1843,  1868;  see  No.  135  overruling  No.  1785 
(Bundy). 

If  the  entryman  has  cured  or  begun  to  cure  the  default  in  good  faith,  contest 
will  not  lie.    2  L.  D.,  262,  263,  302  ;  Nos.  180<»,  1827,  1863  ;  see  Nos.  1001,  1896. 

It  is  the  duty  of  the  Land  Department  to  see  that  the  t  rees  are  of  such  size  as  to 
render  their  continued  growth  without  further  cultivation  or  protection  reas- 
onably certain.    2  L.  D.,  310;  No.  1862. 

The  time  consumed  in  preparing  the  land  and  planting  the  trees  is  computed 
as  part  of  the  required  eight  years  of  cultivation  and  protection.  2  L.  D.,  309  ; 
No.  1802  ;  but  see  No.  135. 

At  the  expiration  of  the  eight  years  from  date  of  entry  one-half  of  the  trees 
(3,875)  must  have  been  growing  for  five  years,  and  the  remaining  half  for  four' 
years.     2  L.  I).,  310,  328;  Nos.  1862,  1867;  but  see  No.  135. 

When  the  trees  (22,600)  are  not  <>('  a  satisfactory  growth  at  the  end  of  eight 
years  without  fault  of  the  entryman,  the  law  allows  him  five  years  additional 
time.    2  L.  D.,  300,  328  ;  Nos.  1862,  1867. 

Facts  in  relation  to  the  growth  and  size  of  box  elder,  ash,  and  catalpa  trees* 
2  L.  D.,  310;  No.  1862. 

That  the  natural  growth  is  small  and  has  been  partly  destroyed  by  lire  does 
not  affect  the  question  as  to  whether  the  land  is  devoid  of  timber.  •">  L.  I>.,  144; 
No.  1877. 

'■  An  adequate  supply"  exists  under  the  rule  in  Blenkner  vs.  Sloggy  to  the 
exclusion  of  an  entry,  where  the  natural  growth  is  equivalent  to  the  amount 


MATTHEWS  8    GUIDE. 

required  to  be  cultivated  bv  the  entryman.    S  L.  D.,  144;  No.  1877;  but  see  No. 

Poplar  regarded  as  a  timber  tree.    8  L.  IX,  145;  No.  181 .. 

Applicant  for  entry  i-  bound  under  the  law  to  know  that  the  land  is  subject 

ry.    3  L.  P..  L52  ;  No.  IsSO  ;  but  see  1 L65. 
Entry  confined  to  one  quarter  in  a  section.    3  L.  D.,  182:  Nu.  1S83. 
.  faith  in  cultivation  required.    3  L.  D.,  398;  No.  1899. 
r  the  law  a  person  may  make  but  one  entry.     I!  L.  D.,  1S5;  No.  L884. 
The  eight  years  of  cultivation  commence  with  the  first  breaking.    3  L.  D., 

it  see  No.  L35. 
band  Bhown  bv  field  notes  to  be  timber  land  not  subject  to  entry.     3  L.  D., 

ry  of  land  in  different  sections  not  allowed.    3  L.  D.,  301 ;  No.  1S85. 

Entry  no1  canceled,  though  but  eight  and  one-half  acres  were  in  cultivation. 
I  >.'.  31  5  :  No.  1887. 

Where  through  mistake  but  eight  and  three-quarters  acres,  were  broken 
in  the  first  two  years  the  entry  was  no1  canceled.    3  L.  D.,  372;  No.  1890. 

The  number  of  trees  required  at  final  proof  a  guide  in  determining  whether 
land  i-  excludi  atryby  reason  of  the  natural  growth.    3  J..  D., 437; 

No.  ; 

Breaking  done  by  prior  occupant  mav  be  utilized  by  the  entryman.  3  L.D., 
182;  No.  1881;  e    i  Nos.  1^90,1960. 

iking  by  prior  occupant  must  be  used  by  cntrvmau  if  he  claims  credit 
therefor.    3  L.  D.,  483;  No.  1S90;  see  No.  1960. 

Entryman  should  comply  with  the  law  during  the  pendency  of  contest.  3 
]..  1-..  186;  No.  L904. 

Failure  to  break  and  cultivate,  where  caused  by  the  wrong  of  contestant,  ex- 
.    3L.  D.,  4  7;  No.  1904. 

Work  done  by  the  entryman's  vendor  or  agent  equivalent  to  work  done  by 
himself    3  L.  D.,  ">02;  No.  1906;  Bee  Nos.  L890,  1960. 

Entry  not  canceled  where  seeds  failed  to  grow.    3  L.  D.,  5S4;  No.  1911. 

Applicant  for  entry  not  required  to  furnish  more  than  the  statutory  evidi 
to  show  that  he  has  declared  Ins  intention  of  becoming  a  citizen.    3  L.D.,606; 
No.  L913. 

Substantial  compliance  with  the  law  held  satisfactory.  4  L.  D.,  205;  No. 
1921. 

Strict  compliance  not  required  where  good  faith  is  shown.    4  L.  D.,494  ;  No. 

Kntrvman  not  held  responsible  for  the  results  of  incendiarism  or  destruction 
by  the  floods.    4  L.  !>.,  164;  No.  1873. 

droughts  as  an  excuse  for  non-compliance  with  the  law.  4  L.  D.,  346;  No. 
1941. 

\V<  irk  required  may  be  done  by  agent.    4  L.  D.,  493  ;  No.  1957. 

lure  of  agent  to  perform  work  no  defense  against  the  charge  of  non-com- 
pliance.   4  L.  D.,  493;  No.  L957. 

Agent  of  entryman  mav  not  take  advantage  of  his  own  wrongful  act  to  con- 
test the  entry.    4  L.  !»..  194 ;  No.  1957. 

At  the  end  of  second  year  there  must  be  10  acres  broken.    4  L.  !>.,  303;  No. 

Entryman  mav  utilize  breaking  on  land  at  time  of  entry.  4  L.  D.,  175,  543; 
Nos.  r.'-'i,  I960. 

Acta  of  previous  entryman  must  be  properly  followed  up  if  credit  is  claimed 
therefor.    4  L.  D.,542:*No.  i960. 

Failure  to  properly  distribute  the  trees  not  cause  for  cancellation.  !  I..  !>., 
162:  No.  L878. 

Planting  of  previous  entryman  available.    4  L.  D.,  291, 543 ;  Nos.  L! 

Failure  to  replant  two  acres  destroyed  by  fire  excused;  it  appearing  thai  the 
entryman  had  the  trees  for  such  replanting  under  cultivation.  4L.  D.,  163; 
No.  1873. 


MATTHEWS'S    GUIDE.  157 

Breaking  and  planting  may  done  in  advance  of  the  required  time.  4  L.  D., 
175,  303  ;  Nos.  1924,  1937. 

Acts  of  cultivation  should  show  good  faith.    4  L.  D.,  174;  No.  1923. 

Such  method  of  cultivation  should  be  adopted  as  will  secure  the  best  results. 
4  L.  D.,  162 ;  No.  1873. 

That  the  area  cultivated  in  trees  in  excess  of  10  acres  is  not  material.  4  L.  D., 
90 ;  No.  1916. 

Inattention  to  trees  after  planting  evidence  of  bad  faith.  4  L.  D.,  174  ;  No. 
1923. 

Failure  to  cultivate  may  not  be  taken  advantage  of  by  one  employed  to  per- 
form such  act.    4  L.  D.,  205 ;  No.  1921. 

Must  show  good  reason  in  case  of  failure  to  comply  with  law.  5  L.  D.,  363  ; 
No.  19S2.  ' 

The  heirs  of  a  deceased  entryman  must  show  compliance  with  the  law.  5 
L.  D.,  398 ;  No.  1985. 

That  the  natural  growth  of  timber  is  restricted  by  annual  fires  does  not  ren- 
der the  section  containing  such  growth  subject  to  entry.  5  L.  L\,  689 ;  No. 
1992. 

Sowing  tree  seeds  broadcast  not  in  compliance  with  law.    5  L.  D.,  8 ;  No.  1965. 

Method  of  cultivation  varies  with  the  locality.    5  L.  D.,  9 ;  No.  1965. 

Cultivation  must  show  good  faith.    5  L.  D.,  40,  329  ;  Nos.  1966,  19S0. 

Pendency  of  a  contest  no  excuse  for  failure  to  comply  with  the  law.  5  L.  D., 
104  ;  No.  1967. 

The  act  of  1878  extended  rights  secured  under  the  former  acts.  5  L.  D.,  233 ; 
No.  1972. 

Rights  acquired  under  former  rulings  as  to  the  character  of  land  subject  to 
entry  not  disturbed.    5  L.  D.,  261,  689 ;  Nos.  1974,  1992. 

Compliance  with  law  must  be  shown  pending  application  for  amendment.  5 
L.  D.,  349  ;  No.  1981. 

Planting  should  be  done  when  the  ground  is  in  proper  condition.  5  L.  D., 
363 ;  No.  1982. 

Natural  growth  of  timber  on  the  section  precludes  entry.  6  L  D.,  217  ;  No.. 
1997. 

DESERT   LANDS. — SPECIAL  AND   GENERAL   LEGISLATION. 

The  act  of  March  3, 1875,  providing  for  the  sale  of  desert  lands  in  Lassen 
county,  California,  permitted  the  entry  of  640  acres  of  land,  and  required  that 
water  be  put  upon  the  same  by  claimants,  and  the  land  paid  for  at  the  rate  of 
$1.25  per  acre,  within  two  years. 

March  3, 1877,  Congress  enacted  the  "desert  land  act,"  which  applies  to  Cali- 
fornia, Oregon,  Nevada,  and  Washington,  Idaho,  Montana,  Utah,  Wyoming, 
Arizona,  New  Mexico,  and  Dakota. 

The  latter  act  is  expounded  in  official  regulations  approved  by  Secretary 
Lamar  June  29,  1SS7,  as  follows,  viz : 

The  first  section  of  the  act  of  March  3,  1877,  entitled  "  An  act  to  provide  for 
the  sale  of  desert  lands  in  certain  States  and  Territories,"  provides  for  the  rec- 
lamation of  such  lands  by  "  conducting  water  upon  the  same."  The  second 
section  provides  "  that  all  lands  exclusive  of  timber  lands  and  mineral  lands 
which  will  not,  without  artificial  irrigation,  produce  some  agricultural  crop,, 
shall  be  deemed  desert  lands  within  the  meaning  of  the  act,"  and  the  third 
section  provides  that  "  the  determination  of  what  may  be  considered  desert 
land  shall  be  subject  to  the  decision  and  regulation  of  the  Commissioner  of  the 
General  Land  Office." 

It  is  therefore  prescribed  as  follows  : 

1st.  Lands  bordering  upon  streams,  lakes,  or  other  natural  bodies  of  water, 
or  through  or  upon  which  there  is  any  river,  stream,  arroyo,  lake,  pond,  body 
of  water^or  living  spring,  are  not  subject  to  entry  under  the  desert  land  law 
until  the  clearest  proof  of  their  desert  charater  is  furnished. 

2d.  Lands  which  produce  native  grasses  sufficient  in  quantity,  if  unfed  by 
grazing  animals,  to  make  an  ordinary  crop  of  hay  in  usual  seasons  are  not 
desert  lands. 


158  M\  [THEWS 8    '.i  li'i:. 

3d.  Lands- which  will  produce  an  agricultural  crop  of  any  kind,  in  amount 
to  make  the  cultivation  reasonably  remunerative,  are  no1  desert, 

4th.  Lands  containing  sufficient  moisture  to  produce  a  natural  growth  <>f 
trees,  are  not  to  be  classed  a-  desert  lands. 

1.  The  amount  of  land  which  may  be  entered  by  any  one  pewon  under  the 
desert  land  act  cannot  exceed  one  section,  or  six  hundred  and  forty  acres, 
which  must  be  in  compact  form,  and  no  person  can  make  more  than  one  entry. 

2.  Desert  land  entries  arc  not  assignable, and  the  transfer  of  such  entries 
whether  by  deed,  contract,  or  agreement,  vitiates  the  entry.  An  entry  made 
in  tli  ■  interest  or  for  the  benefil  of  any  person,  firm  or  corporation,  orwitb  in- 
tent that  the  title  shall  be  conveyed  to  any  other  person,  firm,  or  corporation, 
is  illegal. 

3.  The  price  at  which  lands  may  be  entered  under  the  desert  land  act  IS  the 
same  as  under  the  pre-emption  law,  viz:  Single  minimum  lands  at  $1.25  per 
acre,  and  double  inininnnn  lands  at  &2.50  per  acre.  [Section  2357,  U.S.  l;<-\  i-ed 
Statu! 

4.  A  party  desiring  t<>  avail  himself  of  the  privileges  of  the  desert  land  ad 
must  tile  with  the  register  and  receiverof  the  proper  districl  land  office  a  decla- 
ration, under  oath,  settting  forth  that  tin-  applicant  i^  a  citizen  of  the  United 
Mates  or  that  he  has  declared  his  intention  t<i  become  such.  In  the  latter  case 
a  duly  cert  i  lied  copy  of  his  declaration  of  intention  t<>  become  a  citizen  must  be 
presented  and  filed.  It  must  also  be  set  up  that  the  applicant  has  not  pre- 
viously  exercised  the  right  of  entry  under  the  provisions  of  this  act.  and  that 
lie  intend-  t"  reclaim  the  tract  <>f  land  applied  fur  by  conducting  water  thereon 
within  three  years  In iin  date  of  his  declaration.  The  declaration  must  also 
contain  a  description  of  the  land  applied  for,  by  legal  sub-division  if  surveyed, 
or  if  unsurveyea  as  nearly  as  possible  without  a  survey,  by  giving  \\  ith  as  much 
clearness  ana  precision  as  possible  the  locality  of  the  tract  with  reference  to 
the  already  established  lines  of  survey,  or  to  known  and  conspicuous  land- 
mar!-.-,  so  as  to  admit  of  it-  being  readily  identified  when  the  lines  of  survey 

collie  to  lie  extended. 

5.  Your  attention  is  called  to  the  terms  of  this  declaration  as  provided  by 
existing  regulations  [Form  1-274),  which  are  such  as  require  a  personal  knowl- 
edge by  the  eiitryman  of  lands  intended  to  he  entered.  The  required  al!ida\  it 
cannot  he  made  by  an  agent  nor  upon  information  and  belief,  and  you  will 
hereafter  reject  all  applications  in  which  it  doe-  nol  appear  that  the  entry  man 
made  the  averment-  contained  in  the  sworn  declaration  upon  his  own  knowl- 
edge derived  from  a   personal    examination   of  the  lands.     The   blank    in   the 

declaration,  to  wit, "  that  I  became  acquainted  with  said  land  by ."must 

he  idled  in  with  a  full  statement  <  if  the  (acts  of  his  acquaintance  with  the  land 
and  how  he  knows  its  charactei  as  alleged.  Said  declaration  must  be  corrob- 
orated by  the  affidavits  of  two  reputable  \\  itnesses  who  are  acquainted  with  the 
land  and  with  the  applicant,  and  who  must  clearly  state  their  acquaintance 
with  the  premises,  and  the  fact-  as  to  the  condition  ami  situation  of  the  land 
upon  which  they  base  their  judgment  |  Form  4-074). 

'i.  Applicants  and  witnesses  must  in  all  cases  state  their  places  of  actual  resi- 
dence, their  business  or  occupation-,  and  their  post  office  addresses.  It  i.-  not 
Sufficient  to  name  the  county  and  State  or  Territory  where  a  party  live-,  hut 
the  t  cvn  or  city  must  he  nam.  d,  and  if  a  residence  is  in  a  city  the  street  and 
number  must  he  given. 

7.  The  declaration  and  corroborating  affidavits  may  be  made  before  either 
the  register  or  receiver  of  the  land  districl  in  which  the  lands  are  situated,  or 
before  the  judge  or  clerk  of  a  court  of  record  of  tin-  county  in  which  the  lands 
are  situated,  and  if  ilc-  laud-  are  in  an  unorganized  county  then  the  affidavit 
may  hi-  he  made  in  an  adjacent  county.  The  depositions  of  applicant  and  wit- 
nesses in  making  final  proof  must  lie  taken  in  the  same  manner;  and  the  au- 
thority of  any  practice  or  regulation  permitting  original  or  final  desert  land 
affidavits  to  he  executed  before  any  other  officers  than  those  named  above,  in 
hereby  revoked.  The  affidavits  or  applicant  and  witnesses  must  in  every  in- 
stance, either  of  original  application  or  final  proof,  be  made  at  the  same  time 
and  place  and  before  tic-  Borne  officer. 


MATTHEWS'S    GUIDE.  159 

8.  When  proof  of  the  character  of  the  land  has  been  made  as  above  required 
to  the  satisfaction  of  the  district  officers,  the  applicant  will  pay  the  receiver 
the  sum  of  twenty-five  cents  per  acre  where  the  land  is  single  minimum,  and 
fifty  cents  per  acre  where  the  land  is  double  minimum.  The  register  will  re- 
ceive and  file  his  declaration,  and  the  register  and  receiver  will  jointly  issue, 
in  duplicate,  a  certificate  (Form  4-1!)!))  acknowledging  the  receipt  of  the  twenty- 
live  or  fifty  cents  per  acre,  as  the  case  may  be,  and  the  filing  of  the  declaration. 
One  of  these  duplicates  will  be  delivered  to  applicant;  the  other  will  be 
retained  by  the  register  and  receiver  with  the  declaration  and  proof.  They  will 
bear  a  number  according  to  the  order  in  which  the  certificate  was  issued.  The 
register  will  keep  a  record  of  the  certificates  issued,  showing  theuumber,  date, 
amount  paid,  name  of  applicant,  and  description  of  the  land  applied  for  in  each 
case,  and,  in  addition,  he  will  note  the  same  upon  his  plats  and  records  as  in 
cases  of  ordinary  entry.  At  the  end  of  each  month  he  will,  with  his  regular 
returns,  forward  to  the  General  Laud  Office  an  abstract  of  the  declarations  filed 
and  certificates  issued  under  this  act  during  the  month,  accompanying  same 
with  the  declarations  and  proofs  filed  and  the  retained  copy  of  certificate  in 
each  case.  The  receiver  will  also  account  for  the  money  received  under  this 
act  in  the  usual  form. 

9.  Surveys  of  desert  land  claims  cannot  be  made  in  advance  of  the  regular 
progress  of  the  public  surveys.  After  a  township  lias  been  surveyed  the  claim 
must  be  adjusted  to  the  lines  of  the  survey. 

10.  Persons  making  desert  land  entries  must  acquire  a  clear  right  to  the  use 
of  sufficient  water  for  the  purpose  of  irrigating  the  whole  of  the  land,  and  of 
keeping  it  permanently  irrigated.  A  person  who  makes  a  desert  land  entry  be- 
fore he  has  secured  a  water  right,  does  so  at  his  own  risk  ;  and  as  one  entry 
exhausts  his  right  of  entry,  such  right  cannot  be  restored  or  again  exercised 
because  of  failure  to  obtain  water  to'  irrigate  the  land  selected  by  him. 

11.  The  source  and  volume  of  the  water  supply,  how  acquired  and  how  main- 
tained, the  carrying  capacity  of  the  ditches,  and  the  number  and  length  of  all 
ditches  on  each  legal  sub-division  of  the  land,  must  be  specifically  shown. 
A  pplicant  and  witnesses  must  each  state  in  full  what  has  been  done  in  the 
matter  of  reclamation  and  improvement,  and  by  whom,  and  must  each  answer 
fully  and  of  their  own  personal  knowledge,  the  questions  propounded  in  the 
final  proof  depositions.  They  must  state  specificallv  whether  they  at  any 
time  saw  the  land  effectually  irrigated,  for  without  knowledge  thus  derived, 
the  fact  of  reclamation  remains  a  matter  of  conjecture.  (Case  of  Charles  H 
Schick,  5  L.  D.,  151.) 

12.  The  whole  tract  and  each  legal  sub-division  for  which  proof  is  offered 
must  be  actually  irrigated.  If  there  are  some  high  points  or  uneven  surfaces 
which  are  practically  not  susceptible  of  irrigation,  the  nature,  extent,  and  area 
of  such  spots  must  be  fully  stated.  In  this  connection,  the  right  of  the  water 
used,  the  quantity  of  it,  the  manner  of  its  distribution,  and  the  permanence 
of  the  supply  are  all  to  be  taken  into  consideration.  (Case  of  Geo.  Ramsev, 
5  L.  D.,  120.) 

13.  Before  final  proof  shall  hereafter  be  submitted  by  any  person  claiming  to 
enter  lands  under  the  desert  land  act,  such  person  will  "be  required  to  file  a 
notice  of  intention  to  make  such  proof  which  shall  be  published  in  the  same 
manner  as  required  in  homestead  and  pre-emption  cases. 

14.  Contests  may  be  instituted  against  desert  land  entries  for  illegality  or 
fraud  in  the  inception  of  the  entry,  or  for  any  sufficient  cause  affecting  the 
legality  or  validity  of  the  claim.  Contestants  will  be  allowed  a  preference 
right  of  entry  for  thirty  days  after  notice  of  the  cancellation  of  the  contested 
entry,  in  the  same  manner  as  in  homestead  and  pre-emption  cases,  and  the 
register  will  give  the  same  notice  and  be  entitled  to  the  same  fee  for  notice  as 
in  other  cases. 

15.  When  relinquishments  of  desert  land  entries  are  filed  in  the  local  land 
office  the  entries  will  be  canceled  by  the  register  and  receiver  in  the  same  man- 
ner as  in  homestead,  pre-emption,  and  timber-culture  cases,  under  the  first  sec- 
tion of  the  act  of  May  14,  1880.     (21  Stat.,  140.) 


160  MATTHEWS'a    GUIDE. 

16.  Nothing  herein  will  be  construed  to  have  a  retroactive  effect  in  eases 
where  the  official  regulations  of  this  Department  in  force  at  the  date  of  entry 
were  complied  with. 

DESERT   LAND    HULING8. 

It  is  not  reclaimed  unless  water  in  sufficient  quantity  for  cultivation  is  car- 
ried  upon  the  land      1  I..  !»..  26;  No.  138;  see  Nop.  150,  153,  162,  163,  167. 

Title  to  water  used  for  reclamation  must  be  by  bona  fide  prior  appropriation. 
1  L.  I>..  26;  No.  L38;  Bee  Nos.  150,  153,  162,  163,  167. 

The  word  "  reclaim  "  considered  and  denned,    l  L.D.,26;  No.ISS;  see  Nos. 
:.  162,163.167. 

Reclamation  shown  bv  crops  actually  raised.     1  L.  D.,  2G;  No.  138;  see  I 
■::.  162,  L63,  167. 

Land  which  produces  grass  suitable  for  hay,  and  is  of  the  same  general  char- 
acter as  neighboring  lands  which  have  produced  agricultural  crops  without 
irrigation,  is  not    2L.  D.,  18;  No.  141. 

Land  which  produces  a  crop,  though  an  inferior  one,  whether  of  grass,  wheat, 
barley,  or  other  crop  to  which  the  soil  and  climate  are  adapted,  winch  is  a  fair 
reward  for  the  expense  of  producing  it,  is  not.    2  L.  D.,  19;  No.  142. 

Land  which,  one  year  with  another,  for  a  series  of  years,  will   not,  wit! 
irrigation,  make  a  fair  return  to  the  careful,  ordinarily  skillful,  and  industrious 
husbandman,  is,    2  L.  D.,  IV;  No.  142. 

Land  which,  without  irrigation,  fails  year  after  year  to  return  even  the  B 
and  which  yields  crops  of  grain  of  so  poor  a  quality  that  they  must  he  cut  for 
hay,  is.     2L.  D.,  20;  No.  142. 

Lassen  county,  California,  lies  in  a  section  of  the  country  designated  by 
Powell  as  "  the  arid  region."    2  L.  D.,  21 ;  No.  142. 

The  law  restricts  one  person  to  an  entry  of  one  tract,  in  a  compact  form,  not 
exceeding  640  acres.    2  L.  D.,  22 ;  No.  143. 

Three  entries,  aggregating  1,760  acres,  not  reclaimed  within  three  years, 
assigned  to  a  third  person  on  day  of  entry,  and  appearing  to  have  been  made 
for  the  benefit  of  the  assignee,  were  rnadein  fraud  of  the  law.  2  L.  D.,  22;  No. 
14:;. 

Want  of  harmony  between  decision  of  Department  and  circular  of  March 
12,  1877,  pointed  out.     2  L.  I).,  24 ;  No.  143. 

Failure  to  reclaim  for  four  years  after  entry  shows  an  entire  want  of  good 
faith.     2  1,  D.,  18;  No.  141. 

The  water  conveyed  upon  the  land  must  be  in  quantity  sufficient  to  prepare 
it  for  cultivation.    2  L.  1.) .,  692  ;  No.  1005. 

The  conversion  of  a  worthless  tract  into  grass  bearing  land  constitutes 
reclamation.    3  L.  I'..  9;  No    145. 

Entry  will  not  be  disturbed  where  the  default  in  reclamation  is  cured  before 
contest  is  brought.    3  L.  I».,  9;  No.  145. 

The  only  reclamation  specified  in  the  act  is.  by  conducting  water  upon  the 
land.    SL.D.,9;  No.  145. 

There  is  no  penalty  provided  for  failure  to  reclaim,  but,  in  the  place  of  for- 
feiture, the  purchaser  is  required  to  advance  a  part  of  the  purchase  price  as  an 
assurance  of  good  faith.    ■';  L  D.,9;  No.  145. 

•  ries  for,  treated  as  pre-emptions  under  the  act  of  May  14,  1880.    3  L.  D., 
71 ;  No.  146  ;  see  also  Nop.  134,  170,  171. 

Assignment"  of  entries,  made  while  the  rule  was  in  force,  allowing  the  same, 
will  be  protected.    3  L.  D..214;  No.  l  17;  see  also  Nos.  140,  L43,  L61,  164. 

Where  an  assignment  of  entry  is  recognized,  the  assignee  will  be  entitled  to 
all  the  rights  of  the  entryman.    3L.  D.,  215;  No.  147. 

But  I  may  be  acquired  by  one  person  under  the  act.    SL.  D.,  216; 

No.  147. 

Patent  for,  upon  an  assigned  entrv,  will  issue  in  the  name  of  the  entryman. 
:;  L.  D.,216;  No.  117. 


MATTHEWSS    GUIDE.  161 

Only  surveyed  in  the  course  of  public  survey  except  under  Sec.  2401  It.  S. 
3  L.  li.,  325,  331 ;  Nos.  148,  95 ;  see  No.  149. 

Will  not  be  surveyed  under  the  deposit  system,  without  showing  settlement. 
3  L.  D.,  331 ;  No.  149. 

Lands  that  naturally  produce  grass  are  not.    4  L.  D.,  33 ;  No.  152. 

Lands  partly  desert'and  partly  agricultural  cannot  be  entered  under  the  des- 
ert act.    4  L.  D.,  33 ;  No.  152. 

Partial  reclamation  prior  to  application  calls  for  special  showing  as  to  the 
facts.    4  L.  D.,  1G5 ;  No.  154. 

Reclaimed  land  not  subject  to  entry.    4  L.  D.,  165  ;  No.  154. 

Case  of  Rivers  vs.  Burbank  cited  and  distinguished.    4  L.  D.,  165 ;  No.  154. 

Entry  for,  in  the  interest  of  another  not  permitted.    4  L.  D.,  445  ;  No.  159. 

Transfers  before  patent  to  be  inquired  into.    4  L.  D.,  34  ;  No.  152. 

Clear  proof  as  to  the  character  of  the  land  required  where  the  field  notes  de- 
scribe it  as  "  first  rate  "  and  the  plat  shows  a  river  crossing  the  section.  4  L. 
D.,  261 ;  No.  155. 

Circular  regulations,  June  27,  1887.    5  L.  D.,  708  ;  No.  134. 

Entry  in  good  faith  may  include  some  non-irrigable  land.  5  L.  D.,  481 ;  No. 
167. 

Entry  of,  may  not  embrace  timber  land.    5  L.  D.,  595 ;  No.  168. 

If  taken  under  the  homestead  law  compliance  with  its  terms  must  be  shown. 
5  L.  D.,  296 ;  No.  585. 

Right  to  take  before  survey  and  effect  of.    5  L.  D.,  527  ;  No.  1634. 

Assignments  before  final  proof  recognized  prior  to  April  15, 1880.  5  L.  D., 
21,  595 ;  Nos.  161, 168 ;  see  also  Nos.  147,  140, 143,  164. 

One  person  cannot  take  more  than  640  acres,  either  as  entryman  or  assignee. 
5  L.  D.,  19,  21, 167,  595 ;  Nos.  161,  164,  168. 

Patent  will  issue  to  entryman  though  assignment  is  recognized.  5  L.  D.,  167  ; 
No.  164. 

Assignment  of  entry  made  under  the  former  rulings  of  the  Department  recog- 
nized.   5  L.  D.,  167,  595  ;  Nos.  164,  168. 

Desert  land  entry  by  married  woman  admissible.    6  L.  D.,  14 ;  No.  172. 

TIMBER    AND   STONE    LANDS. 

The  provisions  of  the  act  for  the  sale  of  lands  chiefly  valuable  for  timber 
and  stone  and  unfit  for  cultivation  are  stated,  and  the  manner  of  provisions 
thereunder  sufficiently  pointed  out  in  regulations  approved  by  Secretary  Lamar 
July  16, 1887,  as  follows,  viz  : 

1.  The  act  of  June  3, 1878  (30  Stat.,  89),  for  the  sale  of  timber  lands  in  the  States 
of  California,  Oregon  and  Nevada,  and  in  Washington  Territory,  limits  the  quan- 
tity of  land  which  may  lawfully  be  acquired  under  the  act  by  any  one  person 
or  association,  to  not  exceeding  160  acres. 

2.  The  land  must  be  valuable  chiefly  for  timber  (or  stone)  and  unfit  for  cul- 
tivation if  the  timber  were  removed. 

3.  It  must  be  unoffered,  unreserved,  unappropriated  and  uninhabited,  and 
without  improvements  (except  for  ditch  or  canal  purposes),  save  such  as  were 
made  by,  or  belong  to  the  applicant. 

4.  Lands  containing  valuable  deposits  of  gold,  silver,  cinnabar,  copper  or  coal, 
are  not  subject  to  entry  under  this  act. 

5.  One  entry  or  filing  only  can  be  allowed  any  person,  or  association  of  per- 
sons. A  married  woman  may  be  permitted  to  purchase  under  said  act,  provided 
the  laws  of  the  State  or  Territory  in  which  the  entry  is  made  permit  a  married 
woman  to  purchase  and  hold  real  estate  as  a  feme  sole  but  in  addition  to  the 
proofs  already  provided  for,  she  shall  make  affidavit  at  the  time  of  entry  that 
she  proposes  to  purchase  said  land  with  her  separate  money,  in  which  her  hus- 
band has  no  interest  or  claim ;  that  said  entry  is  made  for  her  sole  and  separate 
use  and  benefit ;  that  she  has  made  no  contract  or  agreement  whereby  any  in- 
terest whatever  therein  will  inure  to  the  benefit  of  her  husband,  or  any  other 
person  and  that  she  has  never  made  an  entry  under  said  act,  or  derived  or  had 


162  MATTHEWS'fl    GUIDE. 

any  interest  \\  hatover,  directly  or  indirectly  in  or  from  a  Conner  <  r.try  made  by 
.my  person  or  association  of  persona 

8.  A  person  applying  to  purchase  a  tract  under  the  provisions  of  this  act  is 
required  to  make  affidavit  before  the  register  or  receiver  that  he  has  made  no 
prior  application  under  this  act  :  that  he  its  by  birth  or  naturalization  a  citizen 

<>f  the  United  state-,  or  has  declared  his  intention  to  become  a  citizen.  If  na- 
tive born,  parole  evidence  to  that  fact  will  be  sufficient;  if  not  native  born, 
!  evidence  of  the  prescribed  qualification  most  be  furnished.  The  affidavit 
_-iiate  by  legal  subdivisions  the  tract  which  the  applicant  desire- to 
purchase,  Betting  forth  it-  character  as  above ;  Btating  that  the  same  in  unlit  for 
cultivation,  and  valuable  chiefly  for  its  timber  or  stone ;  that  it  is  uninhabited ; 
contain-  no  mining  or  other  improvements*,  except  for  ditch  or  canal  purposes, 
(if  any  exist),  save  Buchas  were  made  by  or  belong  to  the  applicant,  nor,  as 
deponent  verily  believes,  any  valuable  deposit  of  gold,  silver,  cinnabar,  copper, 
or  coal :  that  deponent  does  not  apply  to  purchase  the  same  on  speculation,  hut 
in  good  faith  to  appropriate  it  to  Ids  own  exclusive  use  and  benefit ;  and  that 
he  has  not,  directly  or  indirectly,  made  any  agreement  or  contract,  in  any  way 
or  manner,  with  any  person  or  persons  whomsoever, by  which  the  title  he  may 
acquire  from  the  Government  of  the  United  States  shall  inure  in  whole  or  in 
part,  to  the  benefit  of  any  person  except  himself. 

7.  Every  person  BWeanng  falsely  to  any  such  affidavit  is  guilty  of  perjury 
and  will  be  punish  d  a-  provided  by  law  for  such  offense.  In  addition  thereto. 
the  money  that  may  he  paid  for  the  land  is  forfeited,  and  all  conveyance-  of 
the  1  ind  or  of  any  right,  title,  or  claim  thereto,  are  absolutely  null  and  void  as 
against  the  United  States. 

8.  The  sworn  statement  before  the  register  and  receiver  required  as  above 

■  in  L'  of  the  act)  must  be  made  upon  the  personal  knowledge  of  applicant, 
except  in  the  particulars  in  which  the  statute  provides  that  the  aliidavit  may 
be  m  el'-  upon  information  and  belief. 

9.  You  will  in  every  case  read  this  affidavit  to  applicant,  or  cause  it  to  be 
read  to  him  in  your  presence  before  he  is  sworn  or  his  signature  is  attached 
thereto. 

10.  The  published  notice  required  by  the  third  section  of  the  act  must  shite 
the  time  and  place  when,  and  name  the  officer  before  whom,  the  party  in 
tends  t"  offer  proof,  which  must  be  after  the  expiration  of  the  sixty  days  of 
publication,  and  before  ninety  days  from  the  date  ofthe  published  notice.  Whi  re 
P  oof  is  n  >t  made  before  the  expiration  of  said  ninety  <  lavs  t  lie  register  and  re- 
ceiver will  cancel  the  filing  upon  their  records  and  notify  this  office  accord- 
ingly, ;■-  prescribed  by  instructions  of  circular  of  .May  1,  1880,  (Copp's  Land 
Owner,  vol.  7.  p.  52). 

11.  The  evidence  to  he  furnished  to  the  satisfaction  ofthe  register  and  re- 
r  at  time  pf  entry,  as  required  by  the  3d  section  of  tin'  act,  must  he  taken 
e  tiie  register  or  receiver,  and  will  consist  of  the  testimony  of  claimant, 

corroborated  by  the  testimony  of  two  disinterested  witnesses.  The  testimony 
will  be  reducec  t<<  writing  by  you  upon  the  blanks  provided  for  the  [mr, 
after  verbally  propounding  the  que  tionssel  forth  in  the  printed  forms.  You 
will  t''-t  the  accuracy  of  affiant's  information  and  the  bona  (ides  of  the  entry, 
by  close  aid  Buffiienl  oral  examination.  You  will  especially  direct  such  ex- 
amination to  ascertain  whether  the  entry  i-^  made  in  good  faith  for  the  appro- 
priation ofthe  Land  to  the  entryman's  own  use,  and  not  for  sale  or  speculation, 

and  whether  he  has  conveyed  the  land   or  his  right  thereto,  or  agreed  to  make 
any  such  conveyance  or  whether  he  has  directly  or  indirectly  entered  into  any 
emit  rad  or  agri  ement  in  any  manner  with  any  person  <»r  persons  whom  oever 
by  which  the  title  that  may  be  acquired   by  the  entry  shall  inure  in  whole  or 
it  to  the  ben<  lit  of  any  person  or  persons  except  himself    You  will  cer- 
tify to  the  fact  of  f-uch  oral  examination,  its  Sufficiency,  and  your  satisfaction 
therewith. 
i_'.  Your  attention  is  called  to  the  instructions  of  this  office  of  August  19, 
i  to  the  register  and  receiver  at  Humboldt,  California  (3  L.  D., 
M  ,  in  respect  to  scrutiny  of  applications  and  entries,  the  examination  of  par- 


MATTHEWs'S    GUIDE.  163 

ties  and  witnesses,  and  your  duty  in  accepting,  rejecting  and  reporting  such 
applications  and  entries ;  and  you  will  strictly  lollow  and  be  governed  by  said 
instructions. 

13.  The  entire  proof  must  be  taken  at  one  and  the  same  time,  and  payment 
must  be  made  at  the  time  of  offering  proof.  Proofs  will  in  no  case  be  accepted 
in  the  absence  of  a  tender  of  the  money  ;  and  the  register's  certificate  will  in 
no  case  be  given  to  the  party  or  his  attorney,  but  must  be  handed  directly 
to  the  receiver  by  the  register;  and  no  note  will  be  made  upon  the  plats 
or  tract  books  until  the  receiver's  receipt  has  been  issued.  The  proof,  cer- 
tificate, and  receipt  must  in  all  cases  bear  even  date. 

14.  When  an  adverse  claim,  or  any  protest  against  accepting  proof  or  allow- 
ing an  entry,  is  filed  before  final  certificate  has  been  issued,  you  will  at  once 
order  a  hearing  and  will  allow  no  entry  until  after  your  written  determination 
upon  such  hearing  has  been  rendered.  You  will  report  your  final  action  in  all 
protest  and  contest  cases  and  transmit  the  papers  to  this  office. 

15.  After  certificate  has  been  issued,  contest,  applications  and  protests  will 
be  submitted  to  this  office  as  in  other  cases  of  contest  after  final  entry. 

16.  Contests  may  be  brought  against  timber  and  stone  land  applications  or 
entries  in  accordance  with  Rule  1  of  Rules  of  Practice,  either  by  an  adverse 
claimant  or  by  any  other  person,  and  for  any  sufficient  cause  affecting  the  legal- 
ity or  validity  of  the  filing,  entry,  or  claim. 

17.  In  case  of  an  association  of  persons  making  application  for  an  entry  under 
this  act  each  of  the  persons  must  prove  the  requisite  qualifications,  and  their 
names  must  appear  in  the  sworn  statement,  as  in  case  of  an  individual  person. 
They  must  also  unite  in  the  regular  application  for  entry,  which  will  be  made 
in  their  joint  names  as  in  other  cases  of  joint  cash  entry.  The  forms  prescribed 
for  cases  of  applications  by  individual  persons  may  be  adapted  for  use  in  ap- 
plications of  this  class,  and  the  sworn  statement  as  to  the  character  of  the  land 
may  be  made  by  one  member  of  the  association  upon  his  personal  knowledge. 

18.  No  person  who  has  made  an  individual  entry  or  application  can  there- 
after make  one  as  a  member  of  an  association,  nor  can  any  member  of  an  asso- 
ciation making  an  entry  or  application  be  allowed  thereafter  to  make  an  indi- 
vidual entry  or  application. 

19.  Applicants  to  make  timber  land  entries,  and  claimants  and  witnesses 
making  final  proof,  must  in  all  cases  state  their  place  of  actual  residence,  their 
business  or  occupation,  and  their  post  office  address.  It  is  not  sufficient  to 
name  the  county  and  State  or  Territory  where  a  party  lives  but  the  town  or 
city  must  be  named,  and  if  residence  is  in  a  city  the  street  or  number  must  be 
given. 

The  following  forms  are  prescribed  for  applicant's  sworn  statement  and  final 
deposition. 

timber  a  no  stone  lands. sworn  statement. 

Land  Office  at . 


(Date) ,  18—. 

I, of  (town  or  city) ,  county  of ,  State  (or  Territory) 

of ,  desiring  to  avail  myself  of  the  provisions  of  the  act  of  Congress  of 

June  3,  1878,  entitled  "An  act  for  the  sale  of  timber  lands  in  the  State  of  Cali- 
fornia, Oregon,  Nevada,  and  in  Washington  Territory,"  for  the  purchase  of  the 

—  of  section ,  township ,  of  range ,  in  the  district  of  lands  subject 

to  sale  at , do  solemly that  I  am  a  native  (or  naturalized) 

citizen  (or  have  declared  my  intention  to  become  a  citizen*,)  of  the  United 
States,  of  the  age  of ,  and  by  occupation ;  that  I  have  personally  ex- 
amined said  land  and  from  my  personal  knowledge  state  that  said  land  is  unfit 
for  cultivation,  and  valuable  chiefly  for  its ;  that  it  is  uninhabited  ;   that  it 

*In  case  the  party  lias  been  naturalized  or  has  declared  his  intention  to  become  a  citi- 
zen, a  certified  copy  of  his  certificate  of  naturalization  or  declaration  of  intention,  as  the 
case  may  be.  must  bo  furnished. 


164  MATTHl-AYs's    GUIDE. 

contains  no  mining  or  other  improvements — ;  nor,  as  I  verily  believe,  any  val- 
uable deposit  of  gold,  bUvbt,  cinnabar,  copper,  otr  coal;  that  I  have  made  no 
other  application  under  said  act;  that  I  do  not  apply  to  purchase  the  land 
above  described  on  speculation,  but  in  good  faith  to  appropriate  it  to  mv  own 
exclusive  use  and  benefit  and  that  I  have  not,  directly  or  indirectly,  made  any 
ement  or  contract,  or  in  any  way  or  manner,  with  any  person  or  persons 
whomsoever,  by  which  the  title  I  may  acquire  from  the  government  of  the 
United  State-  may  inure  in  whole  or  in  part  to  the  benefit  of  any  person  exec] >t 
myself,  and  that  my  post  office  address  is . 

I  hereby  certify  that  the  foregoing  affidavit  was  read  to  affiant  in  my  presence 
before  he  signed  hie  name  thereto;  that  said  affiant  is  to  me  personally  known 

(or  has  been  satisfactorily  identified  before  me  by ),  and  that  I 

verily  believe  him  to  be  the  person  he  represents  himself  to  be  ;  and  that  this 
affidavit  was  subscribed  and  sworn  to  before  me  this day  of ,  IS — . 


Rtgister  (or  Receiver). 


TIMBER    AND    STONE    LANDS. TESTIMONY    OF 


,  beim:  called  as  a  witness  in  support  of  his  application  to  pur- 
chase the of  section ,  township ,  of  range ,  testified  as  follows: 

.1.  What  is  vour  post-office  address,  and  where  do  you  reside? 

Ans.  . 

Ques.  2.  What  is  v«>ur  occupation? 

Ans.  . 

Que-.  "..  Are  you  the  identical  person  who  applied  to  purchase  this  land  on 

the day  of ,18 — ,  and  made  the  -worn  statement  assigned  bylaw 

before  the  register  [or  receiver]  on  thai  day? 

An-.  . 

Ques.  4.  Are  you  acquainted  with  the  land  above  described  by  the  personal 
inspection  of  each  of  its  smallest  legal  Bub-divisions? 

Ans.  . 

Ques.  5.  When  and  in  what  manner  was  such  inspection  made? 

Ans.  . 

Ques.  (').  ]<  the  land  occupied  ;  or  are  there  any  improvements  on  it  not  mode 
for  ditch  or  canal  purposes,  or  which  were  not  made  I >v,  or  do  not  belong  to 
you? 

Ans.  . 

Ques.  7.  Is  the  land  fit  for  cultivation  ;  or  would  it  be  fit  for  cultivation  if 
the  timber  were  removed? 

Ans.  . 

Ques.  8.  What  is  the  situation  of  this  land, and  what  is  the  nature  of  the  soil, 
and  what  causes  render  the  land  unfit  for  cultivation? 

Ans.  . 

Ques.  ').   Are  there  any  salines,  or  indications  of  deposits  of  gold,  silver,  cin- 
nabar, copper,  or  coal  on  this  land?     If  so,  shite  what  they  are,  and  whether 
the  Bpringfi  or  mineral  deposits  are  valuable. 
1  . 

Que-.  10.  Is  the  land  more  valuable  for  mineral  or  any  other  purposes  than 
for  the  timber  or  stone  thereon,  or  is  it  chiefly  valuable  for  timber  or  stone? 

An-.  . 

<  I  tes.  1 1.  Prom  what  facts  do  you  conclude  that  the  land  is  chiefly  valuable 
for  timber  or  stone? 

Ans.  . 

Ques.  L2.  What  is  the  estimated  market  value  of  the  timber  -landing  upon 
this  land? 

An-.  . 


MATTHEWS'S    GUIDE.  165 

Ques.  13.  Have  you  sold  or  transferred  your  claim  to  this  land  since  making 
your  sworn  statement,  or  have  you  directly  or  indirectly  made  any  agreement 
or  contract,  in  any  way  or  manner,  with  any  person  whomsoever,  by  which  the 
title  which  he  may  acquire  from  the  Government  of  the  United  States  may 
inure,  in  whole  or  in  part,  to  the  benefit  of  any  person  except  yourself? 

Ans.  . 

Ques.  14.  Do  you  make  this  entry  in  good  faith  for  the  appropriation  of  the 
land  exclusively  to  your  own  use  and  not  for  the  use  or  benefit  of  any  other 
person  ? 

Ans.  . 

Ques.  15.  Has  any  other  person  than  yourself,  or  has  any  firm,  corporation, 
or  association  any  interest  in  the  entry  you  are  now  making  or  in  the  land,  or 
in  the  timber  thereon  ? 

Ans.  . 


I  hereby  certify  that  the  above-named personally  appeared  be- 
fore me ;  that  his  identity  as  the  person  who  made  sworn  statement  for  the 

tract  of  land  above  named  before  the  register  (or  receiver)  on  the day  of 

,  18 — ;  that  I  verily  believe  affiant  to  be  the  person  he  represents  him- 
self to  be,  and  that  each  question  and  answer  in  the  foregoing  testimony  was 
read  to  him  in  my  presence  before  he  signed  his  name  thereto,  and  that  the 

same  was  subscribed  and  sworn  to  before  me  at this day  of , 

18—. 


TIMBEB  AND    STONE   ACT   RULING. 

Mineral  lands  excluded  from  sale.    1  L.  D.,  600 ;  No.  2034. 

Protection  of  timber  ;  circular  of  September  19, 1882.    1  L.  D.,  696 ;  No.  48. 

A  prima-facie  valid  pre-emption  filing,  or  other  claim  of  record,  bars  a  tim- 
ber application  (unaccompanied  by  an  impeachment  of  it).  2  L.  D.,  633 ;  No. 
1107 ;  see  Nos.  2095,  2097,  2105. 

The  preliminary  affidavit  does  not  bar  homestead  entry,  pending  publica- 
tion, which,  however,  is  subject  to  the  rights  of  the  prior  claimant  (timber)  if  es- 
tablished at  final  proof.    2  L.  D.,  333,  336  ;  Nos.  2092,  2093. 

An  application  (timber)  initiates  a  valid  claim  to  the  tract,  in  like  manner  as 
a  pre-emption  declaratory  filing ;  the  applicant  has  a  preferred  right  against 
everybody  but  the  United  States  and  one  claiming  a  prior  right  to  the  land. 
2  L.  D.,  334 ;  No.  2093. 

An  entry  (timber)  is  barred  by  a  prior  homestead  settlement,  irrespective  of 
the  character  of  the  land.    2  L,  D.,  172  ;  No.  308. 

Neither  a  married  woman  nor  a  minor  may  make  entry.  2  L.  D.,  332 ;  Nos. 
2090,  2091 ;  but  see  132,  2106. 

An  entry  may  embrace  non-contiguous  tracts.  2  L.  D.,  332 ;  No.  2089 ;  but 
see  No.  132. 

The  timber  applicant  must  show  that  the  land  was  uninhabited,  unoccupied, 
and  unimproved  by  others,  and  that  it  is  unfit  for  cultivation  and  chiefly  valu- 
able for  timber.    2  L.  D.,  632 ;  No.  1075 ;  see  No.  2093. 

The  existence  of  a  valid  settlement  or  improvement  is  fatal  to  the  claim,  irre- 
spective of  the  question  of  character  of  the  land.    2  L.  D.,  336  ;  No.  2093. 

The  "  adverse  claim,"  or  the  "  valid  claim,"  in  Sec.  3  of  the  act,  is  one  initi- 
ated prior  to  the  application  ;  it  must  be  filed  during  the  publication.  2  L.  D., 
334 ;  No.  2093. 

A  claim  initiated  subsequently  to  the  application  confers  no  rights,  and  may 
not  delay  entry  on  the  required  proofs ;  if  the  United  States  do  not  pass  title, 
the  subsequent  claimant  has  the  next  best  right  to  the  land.  2  L.  D.,  334 ;  No. 
2093. 


1GG  HATTHEWs'fl    GUIDE. 

A  relinquishment  of  a  claim  prior  to  final  proof  confers  no  rights  on  the  por- 
aon  obtaining  and  filing  it.    2  L  D.,  SS3;  No.  2092. 

A  party  not  in  interest  may  appear  at  any  time,  alleging  illegality  in  respect 
of  the  qualifications  <>r  proceedings  of  the  applicant,  the  bonahdes  of  his  appli- 
cation, Hi-  the  character  of  the  land  ;  the  only  issue  i>  the  legality  of  the  appli- 
cation, and  the  burden  of  proof  is  on  the  timber  applicant.     -  I..  1>.,  336  ;  No. 

The  proviso  to  section  3  of  the  act  contemplates  a  protest,  after  entry,against 
the  issue  of  patent,  founded  on  an  alleged  priority  of  right    2  L.  1».,  336  ;  No. 

20'.K\. 

The  alligation  of  a  person  (claiming  a  settlement  right)  that  the  land  is  "valu- 
able chiefly  for  agriculture,"  docs  not  properly  constitute  a  "  contest,"  in  which 
the  adverse  claim  -of  the  parties  arc  to  be  adjudicated ;  it  is  a  protest  putting  that 
one  fact  in  issue  only.    2  L.  1>.,  633;  No.  li(|7. 

Where  the  -oil  is  a  black  loam  and  susceptible  of  ordinary  cultivation,  except 
in  minor  portions  where  it  is  rocky  or  steep, it  is  not  subject  to  entry.  2  h.  1>., 
\o.  L107. 

The  act  was  intended  to  allow  timber  entry  of  tracts  in  broken,  rugged,  or 
mountainous  districts,  with  s  . i I  unfit  for  ordinary  agricultural  purposes  when 
cleared  of  timber.     2  L.  I).,  (illi':  No.  1075. 

The  act  does  not  contemplate  that  the  lands  must  lie  wholly  unfit  for  cultiva- 
tion, after  removal  of  the  timber,  but  that  they  must  be  unlit  for  ordinary  cul- 
tivation and  valuable  chiefly  for  timber;  u  _■  -i<  d.     2  L.  I  >.,  :;."•* ;  No. 

Final  proof  and  payment  not  to  be  made  until  after  the  period  of  publication 
1.    3  L.  ]>.",  85;  No.  2094. 

Entnes  made  for  the  benefit  of  others  are  in  evasion  of  the  law,  and  fraudu- 
lent   :;  L.  D.,85;  No.  2094. 

Application  apparently  not  in  good  faith  should  b  ,and  those  of 

doubtful  character  noted  for  investigation.    3L.  D..85;  Nq.2094. 

A  prior  invalid  claim  will  not  defeat  an  application  to  purchase  under  this 
act.    .".  L.  I)..  •_'!();  \  ee  Nos. 2097,  2105. 

Application  hereunder  for  land  covered  by  a  pre-emption  claim  only  raises 
the  •  :'  the  pre-emptor's  good  faith  and  compliance  with  the  law.    3  L 

I.)..  2  197,2105. 

Invalid  pre-emption  claim  no  bar  to  purchase,  but  the  burden  of  proof  ia 
upon  the  applicant  to  show  the  invalidity  of  the  pre-emption  claim.  3  b.  D., 
435;  Nos.  2097,  2105. 

Conflicting  pre-emptor  should  be  cited  by  applicant    :;  L.D.,  S097, 

2105. 

Filing  without  settlement  no  bar  to  purchase.    4  L.D.,70;  No.  1177. 

Burden  of  proof  as  to  the  character  of  the  land  is  upon  I  be  claimant  t  b. 
D.,  104,238;  Ni  2101. 

Application  is  no  appropriation  of  the  land.  I  h.  D.,  177,  238 ;  Nos.  2099, 
2101. 

I  lims  initiated  subsequent  to  the  application  are  subject  thereto.  1  h.  I>.. 
177.  238,  282;  N  J101,  2102,  2105. 

Adv<  rse  claim,  to  be  Bettled  by  h<  aring.  4  L.  I).,  177,  282  ;  Nos.  2099,  2102, 
2105. 

Hearing  ordered,  after  proof  was  submitted,  to  determine  the  right  of  an  ad- 
verse claimant  who  alleged  want  of  notice.    4  L.  1'.,  177;  No.  2100. 

Affidavit  based  upon  prior  claim  >n  "  under  section  °> 

of  the  act    4  L.  !>.,  178;  No.  2100. 

•it  of  protest  not  confined  to  adverse  claimant.    -1  L.  D.,  238, 282 ;  Nos. 
2101, 

];■■  t  <  vi>l'ii<  ■  of  the  land  from  those  engaged  in  tilling 

the  soil  in  the  vicinity.    4  L  1).,  238;  No.  2101. 

Proof  not  to  be  submitted  until  after  the  expiration  of  publication  period. 
4  h   l>,  238:  No. 2102. 


MATTHEWS  \s    GUIDE.  L67 

Protest  calls  in  question  character  of  land  or  good  faith  of  applicant.  4  L. 
I).,  232 ;  No.  2102. 

Adverse  or  valid  claim  defined.    4  L.  I).,  282  ;  No.  2102. 

Prior  occupancy  of  an  alien  defeats  the  purchase  of  another.  4  L.  D..  380  ; 
No.  2103. 

Inhabited,  improved,  and  occupied  land  not  subject  to  purchase.  4  L.  D.. 
380;  No.  2103. 

Right  to  purchase  complete  on  proof  and  payment.    5  L.  D.,  38 ;  No.  2104. 

The  right  of  entry  being  acquired,  may  be  completed  by  the  heirs  of  the  en- 
tryman.    5  L.  D.,  38 ;  No.  2104. 

Tender  held  equivalent  to  payment.    5  L.  D.,  3S ;  No  2104. 

Limited  to  certain  States  and  Territories.    5  L.  D.,  129;  No.  114. 

Right  under,  not  allowed  to  defeat  or  impair  prior  valid  pre-emption  claim. 
5  L.  D.,  330 ;  No.  2105. 

Applicant  under,  may  attack  subsisting  pre-emption  claim.  5  L.  D..  866: 
No.  2105. 

LANDS  CONTAINING  SALINES  OR  SALT  SPRINGS. 

Congress  passed  an  act  January  12,  1887  (19  Stat.,  221),  providing  for  the  sale 
of  saline  lands  in  certain  States,  which  arc  not  subject  to  disposal  under  general 
laws.     (Morton  vs.  Nebraska,  21  Wallace,  060.) 

• 

DETERMINATION   OF  TIIE  CHARACTER  OF  THE  LANDS. 

Should  prima  facie  evidence  that  certain  tracts  are  saline  in  character  be  filed 
with  the  register  and  receiver  of  the  proper  land  district,  they  will  designate  a 
time  for  a  hearing  at  their  office,  and  give  notice  to  all  parties  in  interest  in 
order  that  they  may  have  ample  opportunity  to  be  present  with  their  witnesses. 
Such  witnesses  will  be  examined  in  regard  to  the  saline  character  of  the  given 
tracts,  and  whether  the  same  are  claimed  by  any  person ;  if  so,  the  names  of 
the  claimants  and  the  extent  of  their  improvements  must  be  shown. 

The  witnesses  should  be  thoroughly  examined  as  to  the  true  character  of  the 
land  in  other  respects ;  its  agricultural  capacities,  what  kind  of  crops,  if  any, 
have  been  raised  thereon,  or  can  bo  raised  from  land  of  such  character ;  whether 
it  contains  any  valuable  deposit  of  mineral  of  any  kind  or  of  coal.  In  short, 
the  testimony  should  be  as  complete  as  possible,  and  in  addition  to  the  points 
indicated  above,  everything  of  importance  bearing  upon  the  character  of  the 
land  should  be  elicited  at  the  hearing. 

The  testimony  taken  at  the  hearing  will  be  transmitted  to  the  General  Land 
Ollice  by  the  register  and  receiver,  with  their  opinion  thereon.  When  the  case 
comes  before  the  General  Land  Office  such  a  decision  will  be  rendered  in  regard 
to  the  character  of  the  land  as  the  facts  may  warrant. 

DISPOSAL   OF   SALINES. 

Should  the  tracts  be  adjudged  salines,  the  register  and  receiver  will  be  in- 
structed to  offer  the  same  for  sale,  after  public  notice,  at  the  local  land  ollice  of 
the  district  in  which  the  same  shall  be  situated,  and  to  sell  said  tract  or  tracts 
to  the  highest  bidder  for  cash,  at  a  price  not  less  than  $1.25  per  acre. 

In  case  said  lands  should  not  be  sold  when  so  offered,  they  will  be  subject  to 
private  sale  for  cash, at  a  price  not  less  than  $1.25  per  acre,  in  the  same  manner 
as  other  public  lands. 

Should  the  tract  in  question  be  adjudged  agricultural  or  mineral,  it  will  be 
subject  to  disposal  as  such. 

LIMITATION    OF    THE  OPERATIONS   OF  TIIK   ACT. 

The  provisions  of  this  act  do  not  apply  to  any  lands  within  the  Territories, 
nor  to  any  within  the  States  of  Mississippi,  Louisiana,  Florida,  California,  and 
Nevada,  none  of  which  have  had  a  grant  of  salines  by  act  of  <  longre&s. 


168  MATTHEWSS    GUIDE. 

SALINE    LAND    lil/LINOs. 

Saline  land;-  not  expressly  reserved  by  law  or  order,  but  merely  by  markings 
on  the  official  plate,  are  subject  to  agricultural  claim  on  proof  of  non-eoline 
character,  and  the  claim  relates  back  to  date  of  settlement  or  tiling.  2  L.  1>., 
847;  No.  L816. 

The  failure  of  the  plats  to  show  the  saline  character  does  not  subject  the  land 
to  entry,  for  the  Btatute  reserves  all  salines,  whether  marked  on  the  plats  or 
not     2  L.  D.,  851  ;  No.  1810. 

TOWNSITES  ON   THE   PUBLIC  LANDS. 

The  following  instructions  approved  by  Secretary  Lamar  Novembers,  1886. 
show  tbe  law  with  regard  to  townsites  on  the  public  land-  and  the  manner  of 
proceeding  to  acquire  title  thereto,  viz  : 

There  are  tbree  methods  by  which  title  may  be  acquired  to  public  lands  for 
townsdte  purposes:  One  provided  for  in  sections  2380  and  2381;  another  in 
■us  2382,  2083,  2384,  23S5,  and  238(1;  and  the  third  in  sections  2:387,  2388, 
and  2389,  United  States  Revised  Statutes. 


Section  2380  authorizes  the  President  to  reserve  public  lands  for  townsite 
purposes  on  the  shores  of  harbors,  at  the  junction  of  rivers,  important  portages, 
or  any  natural  or  prospective  centers  of  population.  Section  2381  provides  for 
the  survey  of  such  reservation  into  urban  or  suburban  lots,  tbe  appraisement 
of  the  same,  and  the  sale  thereof  at  public  outcry  ;  the  lots  remaining  unsold 
are  thereafter  to  be  disposed  of  at  public  sale  or  private  entry,  at  not  less  than 
the  appraised  value  thereof. 

II. 

-  ctions  23S2,  2383,  2384,  23S5,  and  2386,  Revised  Statutes  (act  3d  March, 
L863,  12  Stat.,  754  ;  act  3d  March,  lS(i"),  13  Stat.,  ■")30),  limit  the  extent  of  the  ana 
of  the  city  or  town  which  may  be  entered  under  said  acts  to  640  acres,  to  be 
laid  off  in  lots,  which,  alter  filing  in  this  office  the  statement,  transcripts,  and 
testimony  required  by  section  2383,  are  to  be  offered  at  public  sale  to  the  highest 
bidder  at  a  minimum  of  $10  for  each  lot. 

An  actual  settler  upon  any  one  Lot  may  pre-empt  that  lot, and  any  additional 
lot  on  which  he  may  have  substantial  improvements,  at  said  minimum,  at  any 
time  before  the  day  of  sale.  Such  person  must  furnish  pre-emption  proof  show- 
ing residence  and  improvement  upon  the  original  lot  and  improvement  upon 
additional  lot,  after  the  usual  notice  of  intention  by  publication. 

Ix)ts  not  disposed  of  at  time  of  public  sale  are  thereafter  subject  to  private 
entry  at  such  minimum  or  at  such  reasonable  price  as  the  Secretary  of  the  In- 
terior may  order  from  time  to  time,  alter  at  least  three  months'  notice,  as  the 
municipal  property  may  increase  or  decrease  in  value. 

The  preliminaries  required  by  this  method  are: 

1.  Parties  bavins  founded  or'who  desire  to  found  a  city  or  town  on  the  pub- 
lic lands,  under  the  provisions  of  sections  2382,  2388,  2384,  2385,  and  2386,  must 
file  with  the  recorder  of  the  countv  in  which  the  land  is  situate  a  plat  thereof, 
describing  the  exterior  boundaries  of  the  land  according  to  the  lines  of  public 

surveys,  where  BUCh  surveys  have  been  made. 

2.  Such  plat  must  state  the  name  ofthecityor  town, exhibit  the  streets, 
squares,  blocks,  or  lots,  and  alleys,  and  specify  the  size  of  the  same,  with  meas- 
urements and  ana  of  each  municipal  Mil  i-di  vision,  the  lots  in  which  shall  not 

[uare  feet,  with  a  statement  of  the  extent  and  general  character 
of  tin-  improvements. 

:;.  The  plat  and  statement  must  he  verified  by  oath  of  the  party  acting  for 
and  in  behalf  of  the  occupants  and  inhabitants  of  the  town  or  city. 


MATTHEWS  S    GUIDE. 


169 


4.  Within  one  month  after  filing  the  plat  with  the  recorder  of  the  county  a 
verified  copy  of  said  plat  and  statement  must  be  sent  to  the  General  Land 
•Office,  accompanied  by  the  testimony  of  two  witnesses  that  such  town  or  city 
has  been  established  in  good  faith.  _  ,       '  ,.'._. 

5.  Where  the  city  or  town  is  within  the  limits  of  an  organized  land  district 
a  similar  map  and  statement  must  be  filed  with  the  register  and  receiver.  The 
exterior  boundary  lines  of  the  town,  if  upon  the  land  over  which  Government 
surveys  have  not  been  extended,  may,  when  such  surveys  are  so  extended,  be 
adjusted  according  to  those  lines,  where  it  can  be  done  without  impairing  vested 
rights.  .     .  , 

0.  In  case  the  parties  interested  shall  fail  or  refuse,  within  twelve  months 
after  founding  a  city  or  town,  to  file  in  the  General  Land  Office  a  transcript 
map,  with  the  statement  and  testimony  called  for  by  section  2382,  the  Secretary 
of  the  Interior  may  cause  a  survey  and  plat  to  be  made  of  said  city  or  town, 
and  thereafter  the  'lots  will  be  sold  at  an  increase  of  50  per  cent,  on  the  mini- 
mum price  of  $10  per  lot. 

7.  When  lots  vary  in  size  from  the  limitation  fixed  in  section  2382  (4,200 
square  feet),  and  the  lots,  buildings,  and  improvements  cover  an  area  greater 
than  640  acres,  such  variance  as  to  size  of  lots  or  excess  in  area  will  prove  no 
bar  to  entry,  but  the  price  of  the  lots  may  be  increased  to  such  reasonable 
amount  as  the  Secretary  may  by  rule  establish. 

8.  Title  to  be  acquired  to  town  lots  embracing  mineral  entries  is  subject  to 
recognized  possession  and  necessary  use  for  mining  purposes,  as  provided  in 
section  2386. 

(But  see  Deffeback  vs.  Hawke,  115  U.  S.,p.  392.) 

III. 

Lands  actually  settled  upon  and  occupied  as  a  townsite,  and  therefore  not 
subject  to  entry  under  the  agricultural  pre-emption  laws,  may  be  entered  as  a 
townsite  in  accordance  with  the  provisions  of  sections  2387,  2388,  and  2389, 
United  States  Revised  Statutes.  (Act  of  March  2, 1867,  14  Stats.,  541 ;  act  March 
3,  1877,  19  Stat.,  392). 

1.  If  the  town  is  incorporated,  the  entry  may  be  made  by  the  corporate  au- 
thorities thereof  through  the  mayor  or  other  principal  officer  duly  authorized 
so  to  do.  ' 

2.  If  the  town  is  not  incorporated,  the  entry  may  be  made  by  the  judge  of 
the  county  court  for  the  county  in  which  said  town  is  situated. 

3.  In  either  case  the  entry  must  be  made  in  trust  for  the  use  and  benefit  of 
the  occupants  thereof,  accordinj;  to  their  respective  interests. 

4.  The  execution  of  such  trust  as  to  the  disposal  of  lots  and  the  proceeds  of 
sales  is  to  be  conducted  under  regulations  prescribed  by  State  or  Territorial 
laws.    Acts  of  trustees  not  in  accordance  with  such  regulations  are  void. 

5.  Private  individuals  or  organizations  are  not  authorized  to  enter  townsites 
under  this  act,  nor  can  entries  under  this  act  be  made  of  prospective  townsites. 
The  town  must  be  actually  established,  and  the  entry  must  be  for  the  benefit 
of  the  actual  inhabitants  and  occupants  thereof. 

6.  The  officer  authorized  to  enter  a  townsite  may  make  entry  at  once,  or  he 
may  initiate  an  entry  by  filing  a  declaratory  statement  of  the  purpose  of  the 
inhabitants  to  make  a  town-site  entry  of  the  land  described. 

7.  The  entry  or  declaratory  statement  shall  include  only  such  land  as  is  ac- 
tually occupied  by  the  town,  and  the  title  to  which  is  in  the  United  States,  and, 
if  upon  surveyed  lands,  its  exterior  limits  must  conform  to  the  legal  subdivis- 
ions of  the  public  lands. 

8.  The  amount  of  land  that  may  be  entered  under  this  act  is  proportionate  to 
the  number  of  inhabitants.  One"  hundred  and  less  than  two  hundred  inhabi- 
tants may  enter  not  to  exceed  320  acres  ;  two  hundred  and  less  than  one  thou- 
sand inhabitants  mav  enter  not  to  exceed  640  acres  ;  and  where  the  inhabi- 
tants number  one  thousand  and  over  an  amount  not  to  exceed  1,280  acre-  may 


170  MATTHEWS'S    Gl  IDE. 

be  entered;  and  for  each  additional  one  thousand  inhabitants,  not  to  exceed) 
five  ill  p(i-;in<l  in  all,  a  further  amount  of  320  acres  may  be  allowed. 
\>.  Winn  the  number  of  inhabitants  of  a  town  i.s  less  than  one  hundred  the 

townsite  shall  be  restricted  to  the  land  actually  occupied  for  town  purposes,. 
by  1  g  :1  pubdivis 

10.  Where  an  entry  is  made  of  less  than  the  maximum  quantity  of  land  al- 
:  for  townsite  purposes,  additional  entries  may  be  made  of  contiguous 
-  occupied  for  town  purposes,  which,  when  added  to  the  previous  entry  or 

entries,  will  nol  exceed  2,560  acres;  hut  no  additional  entry  can  be  allowed 
which  will  make  the  total  area  exceed  the  area  to  which  the  town  may  be  en- 
titled l>v  virtue  of  its  population  at  date  of  additional  entry. 

11.  The  land  must  be  paid  for  at  the  Government  price  per  acre,  and  proof 
must  be  furnished  relating — 

let,  To  municipal  occupation  of  the  land  ; 
2d,  Number oi  inhabitants; 
3d,  Extent  and  value  of  town  improvements; 
4th,  Date  when  land  was  first  used  for  townsite  purpo 
5th,  <  Official  character  and  authority  of  officer  making  entry  ;  and 
6th,  If  an  incorporated  town,  proof  of  incorporation,  which  should  beacerti- 
fied  copy  of  the  act  of  incorporation. 

12.  Thirty  days'  publication  of  notice  of  intention  to  make  proof  must  be 
made  and  proof  of  publication  furnished. 

L3.  Title  cannot  be  acquired  under  this  act  to  mines  of  gold,  silver,  cinnabar, 
or  copper,  nor  to  any  valid  mining  claim  or  possession.    A  non-mineral  affidavit 
[Uired  in  all  States  and  Territories  except  Florida,  Iowa,  Kansas,  Louis- 
iana, Minnesota.  Mississippi,  Missouri,  and  Wisconsin. 

14.  A  greater  quantity  of  land  than  2,560  acres  isnot  excluded  from  pre-emp- 
tion or  homestead  entry  because  of  townsite  reservations  unless  the  exce-s  in 
area  i-  actually  Bettled  "upon,  inhabited,  unproved,  and  used  for  business  and 
municipal  purpo 

15.  If  the  corporate  limits  of  a  town  are  in  excess  of  the  maximum  area  au- 
thorized to  be  entend  as  a  townsite  the  proper  quantity  maybe  setoir,  as  pro- 
vided in  section  3  of  the  act  of  March  3,  1877,  and  the  residue  be  open  to  dia- 

.  under  the  homested  and  pre-emption  laws. 

townsite   mi  I 

Laws  only  apply  to  locations  on  the  public  land.     1  L.  !».,  497  :  No.  2107. 

The  right  of  a  town  to  make  entry  must  be  computed  upon  the  hasis  of  the 
number  of  occupants  of  the  public  lands,    l  L.  D.,497:  No.  2107. 

In  proceedings  to  Becure,  Sec.  2387,  K.  S.,  confers  authority  upon  judge  of  the 
county  court  or  "or  corporate  authorities."    1  L.  D.,  503;  No.  211 

Declaratory  statement  not  required  except  to  save  the  rights  of  the  town  in 
the  event  of 'a  public  sale.     1  L.  D.,  503  ;  No.  2108. 

Proof  required  in  entry  of,  and  how  made.    1  L.  D.,  503 ;  No.  2108. 

Procedure  when  the  land  applied  for  is  alleged  to  he  mineral,    l  L.  I).,  503; 

No.  2108.    (See  Commissioners  letter  to  register  and  receiver  at  Cheyenne,  W. 

v  30,   1887,  as   to  the  requirement  of  publication    in   making  townsite 

proof.")  ,  .      . , 

'1  ne  term  "actual  settler"  in  Sec.  2882,  R.  S., means  actual  resident;  when 
one  or  two  entered,  the  entryman  must  actually  reside  on  one  lot    2 

L.  D.,  628;  No.  2111.  .  _  ,.    . 

\  timber-culture  entry  may  not  1"'  made  within  the  incorporated  limits  of  a 
city  or  town.    2  L  D.,634;  No.  1833.  . 

If  land  i-  mineral  it  is  subject  to  location  only  under  the  mining  law,  with- 
out reference  to  its  relative  value  for  townsite  purposes;  this  ruling  was  changed 
by  circular  September  22,  L882.    2  L  D.,  717,  718;  No.  723. 

'When  the  Bite  for  which  application  was  made  by  the  county  judge  was  sub- 
sequent k  included  within  another  county,  and  the  entry  made  by  thejudge  of 


MATTHEWS'S    GUIDE.  171 

the  latter  county,  it  was  allowed  to  stand  on  the  agreement  of  the  parties.     '■'> 
L.  D.,  13  ;  No.  2112. 
Private  cash  entry  of  offered  land,  not  within  corporate  limits,  may  be  made* 

for  towneite  without  reference  to  the  statutory  limitation  with  respect  to  pop- 
ulation.   8  L.  D.,  30;  No.  2113. 

Actual  settlement  for,  is  notice  to  pre-emption  and  homestead  settlers.  3  L. 
D.,30.;  No.  2U3. 

The  cancellation  of  homestead  entries  on  offered  land  leaves  it  withdrawn 
from  private  entry  and  subject  to  disposal  for  townsite  as  unoffered  land  :;  L 
D.,30;  No.  2113. 

Claims  for,  are  in  the  nature  of  pre-emptions.    3  L.  I).,  71  ;  No.  140. 

The  incorporation  of  a  town  with  limits  in  excess  of  2,560  acres  will  not  bar 
pre-emption  entry  within  said  limits,  on  land  not  actually  settled  upon  and 
used  for  business  and  municipal  purposes.     3  L.  D.,  77  ;  No.  21 15. 

Abandoned  townsite  settlement  no  bar  to  homestead  entry.  3  L.  D.,  282  ; 
No.  414. 

Four  non-residents  cannot  select  and  reserve  an  entire  section.  3  L.  D.,  :;5o'  ; 
No.  2114. 

In  the  absence  of  incorporation  the  selection  must  be  made  by  actual  town- 
site  settlers  to  exclude  pre-emption  and  homestead  .settlement.  3  L.  1).,  4:;:J. 
358;  Nos.  2118,2114. 

Land  reserved  from  pre-emption  settlement  is  equally  reserved  from  town- 
site  settlement.    3  L.  D.,  360 ;  No.  2114. 

As  between  a  townsite  chum  and  a  pre-emptor,  their  rights  begin  with  their 
initiatory  acts.    3  L.  D.,  358;  No.  2114. 

Occupation  of  land  within  an  Indian  reservation  for  townsite  purposes  con- 
fers no  right.    3  L.  D.,  356 ;  No.  2114. 

Settlement  for,  must  rest  on  the  principles  applicable  to  other  claims  so  begun. 
:;L.  D.,  431;  No.  2118. 

Selection  of  lands  for,  must  be  with  authority.    3  L.  D.,  432 ;  No.  2118. 

Land  entered  urn  Ler  section  2387  must  be  paid  for  as  though  purchased  by  a 
I  .re-emptor.    4  L.  D.,  54 ;  No.  2119. 

Conflict  with  mining  claim  left  with  jury  of  neighborhood.  4  L.  D.,  212  ; 
No.  2120. 

On  mineral  land  subject  to  the  rights  of  claimant  therefor.  4  L.  D.,  212  ;  No. 
2120 ;  see  Nos.  2116,  1526,  842,  and  decisions  of  United  States  Supreme  Court — 
Deffeback  vs.  Hawke,  115  U.  S.,  p.  392. 

What  constitutes  actual  settler  under  section  2382.    4  L.  D-,  337  ;  No.  2117. 

Filing  not  necessary  to  entry  under  the  act  of  Julv  1,  1864.  4  L.  l>.,  337  . 
No.  2117. 

Right  of  purchase  in  "actual  settler"  requires  a  showing  of  residence.  4  L 
D.,  337  ;  No.  2117. 

Additional  entry  under  section  2382,  Revised  Statutes,  allowed  on  residence 
shown  upon  another  lot.    4  L.  D.,  337 ;  No.  2117. 

Laws  only  refer  to  location  of  towns  on  public  land.    4  L.  D.,  586  ;  No.  2121 . 

Plat  filed  by  railroad  company  on  land  withdrawn  under  its  grant  will  not 
strengthen  the  claim  of  settlers  under  the  public  land  laws.  4  L.  !>.,  584  ;  No. 
2121. 

Claim  concluded  by  homesteader's  final  proof  after  due  notice.  4  L.  1).,  584  ; 
No.  2121. 

The  actual  settler  upon  a  lot  has  the  preferred  right  of  purchase.  ■■>  L.  D  ,. 
56 ;  No.  2122. 

An  actual  settler  upon  one  lot  may  purchase  an  additional  lot  upon  which  he 
has  improvements.    5  L.  D.,  56  ;  N<  >.  2 1 22. 

Informal  settlement  subsequently  abandoned  docs  not  reserve  land  from 
homestead  entry.    5  L.  D.,  180 ;  No.  568. 

Rights  of.  not  reserved  in  mineral  patent.    5  L.  D.,  193,  256;  Nos.  152(1,  812. 

Settlers  in  conflict  with  mining  claim.    5  L.  D.,  131 ;  No.  789. 

Circular  of  July  !»,  1886  (approved  November  5,  1880),  as  to  manner  of  no- 
quiring  title  to.    5  L.  !>.,  265  ;  No.  11". 


17 'J  MA'miJ.W.-'s    GUIDE. 

Location  of,  under  State  laws,  on  land  temporarily  appropriated,  is  a  bar  to 
subsequent  homestead  entry.    6  L.  ]>.,  47"> ;  No.  2123. 

UNSEAL    LANDS. 

Under  section  2318,  Revised  Statutes,  lands  valuable  for  minerals  are  reserved 
from  sale  except  as  otherwise  expressly  directed  bylaw.  Section  2319  provides 
for  their  location  by  citizens  of  the  United  Suites  or  those  who  have  declared 
their  intention  to  become  such.    The  law  covers  claims  for  lands  bearing  gold, 

silver,  cinnabar,  Lead,  tin,  copper,  or  other  valuable  deposits,  and  for  the  above 
and  <alier  valuable  and  economic  mineral-,  found  in  lodes  of  quarts  or  oilier 
rock  in  place,  titles  can  be  obtained  from  the  United  States  under  the  existing 
laws  at  §5  per  acre. 

(  Maims  cannot  exceed  1,500  feet  in  length  along  the  vein  or  lode, and  300  feet 
on  each  side  of  the  middle  of  the  vein  at  the  surface,  the  end  lines  of  the  claims 
to  I"-  parallel.  , 

No  vein  or  lode  claim  located  after  May  10, 1872,  tan  exceed  a  parallelogram 
1,500  feet  in  length  by  000  in  width.  The  size  bclow^  this  maximum  may  be  regu- 
lated by  State  or  Territorial  laws  or  the  rules  of  the  several  mining  districts. 

No  local  regulations  or  State  or  Territorial  law  can  limit  a  vein  or  lode 
claim  Located  since  Mav,  10, 1872,  tolessthan  1,600  feet  along  the  vein  or  course 
thereof,  whether  the  location  is  made  by  one  or  more  persons,  nor  can  surface 
rights  be  limited  to  less  than  50  feet  in  width,  unless  adverse  rights  existing  on 
the  10th  day  of  Mav;  1S72,  render  such  lateral  limitations  necessary.  This 
saving  clause  is  essential  from  the  fact  that  in  many  of  the  mining  State-  and 
Territories,  the  local  rules  did  not  permit  the  location  of  surface  ground  There 
are  now  three  classes  of  location  recognized — those  made  prior  to  July  26,  1866  ; 
those  between  that  date  and  May  10,1872;  and  those  made  since  May  pi,  1872. 
The  variety  in  size  and  quantity  of  locations  cannot  here  be  detailed  at  length. 
Under  the" United  State-  mining  law.  the  maximum  of  a  quartz  lode  or  vein 
claim  is,  1,500  bv  <>00  feet,  and  the  minimum  1,500  by  50  feet,  being  about  20.66 
acres  maximum",  or  1.72  acres  minimum.  Cost  of  surveys,  etc.,  are  paid  by  tie 
claimants,  and  the  land  is  paid  for  at  $5  for  each  acre  or  fraction  of  an  acre. 

Locations  are  made  under  regulations  prescribed  by  law,  and  according  to 
the  local  customs  or  rules  of  miners  in  theseveral  mining  districts, solar  a-  the 
same  are  applicable,  and  not  inconsistent  with  the  laws  of  the  United  States. 
The  United  States  has  the  authority  and  can  provide  a  general  anduniform 
system  of  location,  areas,  etc.,  entirely  superseding  the  various  State,  Territor- 
ial, and  district  laws.  Some  of  the  mining  States  and  Territi  iries  have  adopted 
the  United  States  mining  law  May  10,  1872,  as  to  area  ;  others  protect  other 
forms  and  areas  of  location  by  law. 

In  the  States  of  Michigan,  Wisconsin,  Minnesota,  Missouri,  Kansas,  and  Al- 
abama, any  mineral  lands  therein  are  disposed  of  in  like  manner  with  agricul- 
tural lands  under  various  acts  of  Congress, 

MANNER  OK  PROCEEDING  TO  OBTAIN   GOVERNMENT  TITLE  To  VI  I N    OB   LODE  CLAIMS. 

1.  By  section  2325  authority  Is  given  for  granting  titles  for  mines  by  patent 
from  the  Government  to  any  person,  association, or  corporation  having  the  nec- 
essarv  qualifications  as  to  citizenship  and  holding  the  right  of  possession  to  a 
claim  in  compliance  with  law. 

2    'fie- claimant  IS  re-juired  in  the  first  place  to  have  a  correct  survey  Oi  bis 

claim  made  under  authority  of  the  surveyor-general  of  the  State  or  Territorj 
In  which  the  claim  lies;  such  Burvey  to  show  with  accuracy  the  exterior  kut- 
lacr  boundaries  of  the  claim,  which  boundaries  are  required  to  be  distinctly 
marked  by  monuments  on  the  ground.  Four  plats  and  one  copy  ol  the  origi- 
nal field-notes  In  each  case  will  be  prepared  by  the  surveyor-general  j  one  plat 
and  the  original  field-notes  to  be  retained  in  the  office  of  the  Burveyor-general, 
one  copy  of  the  plat  to  be  given  the  claimant  for  posting  upon  the  .■lam.,  one 
plat  and  a  copy  of  the  field-notes  to  be  given  the  claimant  for  filing  w  itli  the 


MATTHEWS'S    GUIDE.  173 

proper  register,  to  be  finally  transmitted  by  that  officer,  with  other  papers  in 
the  ease,  to  the  General  Land  Office,  and  one  plat  to  be  sent  by  the  surveyor- 
general  to  the  register  of  the  proper  land  district,  to  be  retained  on  his  files  for 
future  reference. 

3-  The  claimant  is  then  required  to  post  a  copy  of  the  plat  of  such  survey  in 
a  conspicuous  place  upon  the  claim,  together  with  notice  of  his  intention  to 
apply  for  a  patent  therefor,  which  notice  will  give  the  date  of  posting,  the  name 
of  the  claimant,  the  name  of  the  claim,  mine,  or  lode ;  the  mining  district  or 
county ;  whether  the  location  is  of  record,  and,  if  so,  where  the  record  may  be 
found  ;  the  number  of  feet  claimed  along  the  vein  and  the  presumed  direction 
thereof;  the  number  of  feet  claimed  on  the  lode  in  each  direction  from  the 
point  of  discovery,  or  other  well  defined  place  on  the  claim ;  the  name  or 
names  of  adjoining  claimants  on  the  same  or  other  lodes ;  or,  if  none  adjoin, 
the  names  of  the  nearest  claims,  etc. 

4.  After  posting  the  said  plat  and  notice  upon  the  premises,  the  claimant  will 
file  with  the  proper  register  and  receiver  a  copy  of  such  plat,  and  the  field 
notes  of  survey  of  the  claim,  accompanied  by  the  affidavit  of  at  least  two  credible 
witnesses,  that  such  plat  and  notice  are  posted  conspicuously  upon  the  claim, 
giving  the  date  and  place  of  such  posting ;  a  copy  of  the  notice  so  posted  to  be 
attached  to,  and  form  a  part  of,  said  affidavit. 

5.  Attached  to  the  field-notes  so  filed  must  be  the  sworn  statement  of  the 
claimant  that  he  has  the  possessory  right  to  the  premises  therein  described, 
in  virtue  of  a  compliance  by  himself  (and  by  his  grantors,  if  he  claims  by  pur- 
chase) with  the  mining  rules,  regulations,  and  customs  of  the  mining  district, 
State,  or  Territory  in  which  the  claim  lies,  and  with  the  mining  laws  of  Con- 
gress ;  such  sworn  statement  to  narrate  briefly,  but  as  clearly  aa  possible,  the 
facts  constituting  such  compliance,  the  origin  of  his  possession,  and  the  basis 
of  his  claim  to  a  patent. 

6.  This  affidavit  should  be  supported  by  appropriate  evidence  from  the  min- 
ing recorder's  office  as  to  his  possessory  right,  as  follows,  viz :  Where  he  claims 
to  be  a  locator,  a  full,  true  and  correct  copy  of  such  location  should  be  furnished, 
as  the  same  appears  upon  the  mining  records,  such  copy  to  be  attested  by  the 
seal  of  the  recorder,  or  if  he  has  no  seal,  then  he  should  make  oath  to  the  same 
being  correct,  as  shown  by  his  records.  Where  the  applicant  claims  as  a  loca- 
tor in  company  with  others  who  have  since  conveyed  their  interests  in  the  lode 
to  him,  a  copy  of  the  original  record  of  location  should  be  filed,  together  with 
an  abstract  of  title  from  the  proper  recorder,  under  seal  or  oath  as  aforesaid, 
tracing  the  co-locator's  possessory  rights  in  the  claim  to  such  applicant  for  pat- 
ent. Where  the  applicant  claims  only  as  a  purchaser  for  valuable  consider- 
ation, a  copy  of  the  location  record  must  be  filed  under  seal  or  upon  oath  as 
aforesaid,  with  an  abstract  of  title  certified  as  above  by  the  proper  recorder, 
tracing  the  right  of  possession  by  a  continuous  chain  of  conveyances  from  the 
original  locators  to  the  applicant,  also  certifying  that  no  conveyances  affecting 
the  title  to  the  claim  in  question  appear  of  record  in  his  office  other  than  those 
set  forth  in  the  accompanying  abstract. 

7.  In  the  event  of  the  mining  records  in  any  case  having  been  destroyed  by 
fire  or  otherwise  lost  affidavit  of  the  fact  should  be  made,  and  secondary  evi- 
dence of  possessory  title  will  be  received,  which  may  consist  of  the  affidavit  of 
the  claimant,  supported  by  those  of  any  other  parties  cognizant  of  the  facta 
relative  to  his  location,  occupancy,  possession,  improvements,  etc. ;  and  in  such, 
case  of  lost  records  any  deeds,  certificates  of  location  or  purchase,  or  other  evi- 
dence which  may  be  in  the  claimant's  possession  and  tend  to  establish  his  claim, 
should  be  filed. 

8.  Upon  the  receipt  of  these  papers  the  register  will,  at  the  expense  of  the 
claimant  (who  must  furnish  the  agreement  of  the  publisher  to  hold  applicant 
for  patent  alone  responsible  for  charges  of  publication),  publish  a  notice  of 
such  application  for  the  period  of  sixty  days,  in  a  newspaper  published  nearest 
to  the  claim,  and  will  post  a  copy  of  such  notice  in  his  office  for  the  same 
period.  In  all  cases  sixty  days  must  intervene  between  the  first  and  the  last 
insertion  of  the  notice  in  such  newspaper.     When  the  notice  is  published  in  a 


474  MATTHKWSS    GUIDE. 

i  newspaper  ten  consecutive  insertions  arc  necessary;  when  in  a  clvly 
new  spaper  the  notice  must  appear  in  each  issue  for  the  required  period. 

i  be  notices  so  published  and  posted  must  be  as  full  and  complete  aa  po«- 
rible,  and  embrace  all  the  data  given  in  the  notice  posted  upon  the  claim. 

10.  Too  much  care  ••an  not  be  exercised  in  1 1 1  *  -  preparation  of  these  notices, 
inasmuch  as  upon  their  accuracy  and  completeness  will  depend,  in  a  great 

isure,  the  regularity  and  validity  of  the  whole  pro ding. 

11.  The  claimant,  either  at  the  time  of  filing  these  papers  with  the  register, 
or  at  any  time  during  the  sixty  days'  publication,  is  required  to  file  a  certifi- 
cate of  the  surveyor-general  that  not  less  than  five  hundred  dollar.-'  worth  of 
labor  has  been  expended  or  improvements  made  upon  the  claim  by  the  appli- 
cant or  his  grantors;  that  the  plat  Bled  by  the  claimant  iscorrectj  that  the 
field  notes  of  the  survey,  as  filed,  furnish  such  an  accurate  description  of  the 
claim  as  will,  if  incorporated  into  a  patent, serve  to  fully  identify  the  premises, 
and  that  such  reference  is  made  therein  to  natural  objects  or  permanent  monu- 
ment.- as  will  perpetuate  and  fix  the  locus  thereof. 

11*.  It  will  be  the  more  convenient  way  to  have  this  certificate  indorsed  by 
the  surveyor-general,  both  upon  the  plat  and  field-notes  of  survey  filed  by  the 
claimant  as  aforesaid. 

13.  After  the  sixty  days'  period  of  newspaper  publication  has  expired  the 
claimant  will  file  bis  affidavit,  showing  that  the  plat  and  notice  aforesaid  re- 
mained conspicuously  posted  upon  the  claim  sought  to  be  patented  during  said 
sixty  days'  publication,  giving  the  dates. 

li.  Upon  the  filing  of  this  affidavit  the  registerwill,  if  no  adverse  claim  was 
filed  in  his  office  during  the  period  of  publication,  permit  the  claimant  to  pay 
for  the  land  according  to  the  area  given  in  the  plat  and  field-notes  of  survey 
aforesaid,  at  the  rate  of  iWu  dollars  for  each  acre  and  five  dollars  for  each  frac- 
tional part  of  an  acre,  the  receiver  issuing  the  usual  duplicate  receipt  therefor. 
The  claimant  will  also  make  a  sworn  statement  of  all  charges  and  fe<  S  paid  by 
him  for  publication  and  surveys,  together  with  all  fees  and  monevpaid  the 
ter  and  receiver  of  the  land  office;  after  which  the  whole  matter  will  be 
forwarded  to  the  Commissioner  of  the  General  Land  Office  and  a  patent  issued 
thereon  if  found  regular. 

ADVEBSE  CLAIMS. 

15.  Section  2326  provides  for  adverse  claims,  fixes  the  time  within  which 
they  shall  be  filed  to  have  legal  effect,  and  prescribes  the  manner  of  their  ad- 
justment. 

16.  Said  Bection  requires  that  the  adverse  claim  shall  be  filed  during  the 
period  of  publication  of  notice;  that  it  must  be  on  the  oath  of  the  adverse 
claimant, and  that  it  must  show  the " nature,"  the  "  fewndaries,"  and  the"«r- 

■  [  the  adverse  claim. 

17.  In  order  that  this  section  of  law  may  be  properly  carried  into  effect,  the 
following  is  communicated  for  the  information  of  all  concerned  : 

is.  An  adverse  mining  claim  must  be  filed  with  the  register  of  the  same  land 

Office  With  whom   the  application  for  patent  was  filed,  Or  in   his  absence  with 

the  receiver,  and  within  the  sixty  days' period  of  newspaper  publication  of 

notice. 

19.  The  adverse  notice  must  be  dnly  sworn  to  by  the  person  or  persons  mak- 
ing the  Same  before  an  officer  autli  ui/ed  to  administer  oaths  within  the  land 
district,  or  before  the  register  or  receiver.  It  will  fully  set  forth  the  nature 
and  extent  of  the  interference  or  conflict ;  whether  the  adverse  party  (da  in  is  as 
a  purchaser  for  valuable  consideration  or  as  a  locator ;  if  the  former,  a  certified 
copy  of  the  original  location,  the  original  conveyance,  a  duly  certified  copy 
thereof,  or  an  abstract  of  title  from  the  office  of  the  proper  recorder  should  be 
furnished,  or  if  the  transaction  was  a  mere  verbal  one  he  will  narrate  the  cir- 

cum  (tending  the  purchase,  the  dale  thereof,  and  the  amount  paid, 

which  facts  should  be  supported  by  the  affidavit  of  one  or  more  witnesses,  it 
any  were  present  at  the  time,  and  if  be  claims  a^  a  locator  lie  must  file  a  duly 

certified  copy  of  the  location  from  the  office  of  the  proper  recorder. 


Mattiiews's  Gumt;.  175 

20.  In  order  that  the  "boundaries"  and  extent"  of  the  claim  may  be  shown 
it  will  be  incumbent  upon  the  adverse  claimant  to  file  a  plat  showing  his  entire 
claim,  its  relative  situation  or  position  Avith  the  one  against  which  he  claims 
and  the  extent  of  the  conflict.  This  plat  must  be  made  from  an  actual  survey 
by  a  United  States  deputy  surveyor,  who  will  officially  certify  thereon  to  its 
correctness,  and  in  addition  there  must  be  attached  to  such  plat  of  survey  a  cer- 
tificate or  sworn  statement  by  the  surveyor  as  to  the  approximate  value  of  the 
labor  performed  or  improvements  made  upon  the  claim  by  the  adverse  party 
or  his  predecessors  in  interest,  and  the  plat  must  indicate  the  position  of  any 
shafts,  tunnels,  or  other  improvements,  if  any  such  exist,  upon  the  claim  of  the 
party  opposing  the  application,  and  by  which  party  said  improvements  were 
made. 

21.  Upon  the  foregoing  being  filed  within  the  sixty  days  as  aforesaid,  the 
register,  or  in  his  absence  the  receiver,  will  give  notice  in  writing  to  both  parties 
to  the  contest  that  such  adverse  claim  has  been  filed,  infqrming  them  that  the 
party  who  filed  the  adverse  claim  will  be  required  within  thirty  days  from  the 
date  of  such  filing  to  commence  proceedings  in  a  court  of  competent  jurisdiction 
to  determine  the  question  of  right  of  possession,  and  to  prosecute  the  same  with 
reasonable  diligence  to  final  judgment,  and  that  should  such  adverse  claimant 
fail  to  do  so  his  adverse  claim  will  be  considered  waived,  and  the  application 
for  patent  be  allowed  to  proceed  upon  its  merits. 

22.  When  an  adverse  claim  is  filed  as  aforesaid  the  register  or  receiver  will 
indorse  upon  the  same  the  precise  date  of  filing,  and  preserve  a  record  of  the  date 
of  notifications  issued  thereon,  and  thereafter  all  proceedings  on  the  applica- 
tion for  patent  will  be  suspended,  with  the  exception  of  the  completion  of  the 
publication  and  posting  of  notices  and  plat,  and  the  filing  of  the  necessary 
proof  thereof  until  the  controversy  shall  have  been  adjudicated  in  court  or  the 
adverse  claim  waived  or  withdrawn. 

23.  It  shall  be  the  duty  of  the  adverse  claimant,  within  thirty  days  after  filing 
his  claim,  to  commence  proceedings  in  a  court  of  competent  jurisdiction,  to 
determine  the  question  of  the  right  of  possession,  and  prosecute  the  same  with 
reasonable  diligence  to  final  judgment ;  and  a  failure  so  to  do  shall  be  a  waiver 
of  his  adverse  claim.  After  such  judgment  shall  have  been  rendered,  the 
party  entitled  to  the  possession  of  the  claim,  or  any  portion  thereof,  may,  with- 
out giving  further  notice,  file  a  certified  copy  of  the  judgment-roll  with  the  regis- 
ter of  the  land  office,  together  with  the  certificate  of  the  surveyor-general  that 
the  requisite  amount  of  labor  has  been  expended  or  improvements  made 
thereon,  and  the  description  required  in  other  cases,  and  shall  pay  to  the 
receiver  five  dollars  per  acre  for  his  claim,  together  with  the  proper  fees,  where- 
upon the  whole  proceedings  and  the  judgment-roll  shall  be  certified  by  the 
register  to  the  Commissioner  of  the  General  Land  Office,  and  a  patent  shall 
issue  thereon  for  the  claim,  or  such  portion  thereof  as  the  applicant  shall 
appear,  from  the  decision  of  the  court,  to  rightly  possess.  If  it  appears  from 
the  decision  of  the  court  that  several  parties  are  entitled  to  separate  and  dif- 
ferent portions  of  the  claim,  each  party  may  pay  for  his  portion  of  the  claim 
with  the  proper  fees,  and  file  the  certificate  and  description  by  the  surveyor- 
general,  whereupon  the  register  shall  certify  the  proceedings  and  judgment-roll 
•to  the  Commissioner  of  the  General  Land  Office,  as  in  the  preceding  case,  and 
patents  shall  issue  to  the  several  parties  according  to  their  respective  rights. 

PLACER  CLAIMS — PATENTS  THEREFOR. 

The  proceedings  to  obtain  patent  for  placer  claims,  including  all  forms  of  de- 
posit, are  essentially  similar  to  the  proceedings  prescribed  for  obtaining  patents 
for  lode  or  vein  claims.  But  placer  claims,  when  on  surveyed  lands  and  con- 
forming to  legal  sub-divisions,  require  no  further  plat  or  survey,  and  40-acre 
sub-divisions  may  be  cut  into  10-acre  lots  and  sold  as  placer  claims.  Where 
placer  claims  cannot  be  conformed  to  legal  sub-divisions,  survey  and  plat  must  be 
made  as  on  unsurveyed  lands  ;  but  where  such  claims  are  located  previous  to 
^the  public  surveys,  and  do  not  conform  to  legal  sub-divisions,  survey,  plat,  and 


17G  MATTHKWs's    GUIDE. 

entry  thereof  may  be  made  according  to  the  boundaries  thereof,  provided  the 
location  is  in  all  respects  legal. 

These  lands  are  sold  at  $2.50  for  each  acre  or  fraction  of  an  acre. 

No  location  of  a  placer  claim  made  after  July  9, 1870,  can  exceed  100  acres  fur 
any  one  person  or  association  of  persons. 

All  placer  mining  claims  located  after  .May  10, 1S72,  must  conform  as  nearly  as 
practicable  with  the  United  States  sy.-tein  of  public  surveys  and  the  sub-divi- 
sions of  such  surveys,  and  no  such  locations  can  include  more  than  20  acres  for 
each  individual  claimant.  The  act  of  July  o,  1870, absolutely  required  Locations 
made  after  its  passage  to  conform  to  legal  sub-divisions,  but  the  act  of  May  10, 
187J,  modified  this  requirement  by  making  such  conformation  necessary  only 
where  practicable. 

The  foregoing  provisions  of  law  are  construed  to  mean  that  after  the  0th  day 
of  July,  1870,  no  location  of  a  placer  claim  can  be  made  to  exceed  100  acres, 
whatever  may  be  the  number  of  locators  associated  together,  or  whatever  the 
local  regulations  of  the  district  may  allow  ;  and  that  from  and  after  May  10, 
1872,  no  location  made  by  an  individual  can  exceed  20  acres,  and  no  location 
made  by  an  association  can  exceed  20  acres  for  each  person,  or  100  acres  in  all. 
In  order  to  locate  100  acres  eight  bona  fide  locators  are  required,  No  local  laws 
or  mining  regulations  can  restrict  a  placer  location  to  less  than  20 acres,  although 
the  locator  is  not  compelled  to  take  so  much. 

Mill  sites  must  be  located  on  non-mineral  lands  not  contiguous  to  the  vein 
or  lode,  and  not  exceed  five  acres,  and  may  be  included  in  the  patent  for  a 
mine  at  (5  per  acre.    (See  Sec.  2337,  R.  S.) 

Tunnel  rights,  in  tunnels  run  for  the  development  of  a  ven  Or  lode  or  for  the 
discovery  of  mines,  are  provided.  Proprietors  of  a  mining  tunnel  run  in  good 
faith  are  entitled  to  the  possessory  right  of  all  blind  lodes  cut,  discovered,  or 
intersected  by  such  tunnel,  which  were  not  previously  known  to  exist,  within 
3,000  feet  of  the  face  or  point  of  commencement  of  such  tunnel,  to  the  same  ex- 
tent as  if  such  lodes  had  been  discovered  on  the  surface,  and  other  parties  are 
prohibited  after  the  commencement  of  a  tunnel  from  prospecting  for  and  mak- 
ing location  on  the  line  thereof  and  within  said  distance  of  3,000  feet,  unlesssiu-h 
lodes  appear  upon  the  surface  or  were  previously  known  to  exist.  (See  Sec. 
2323,  R.  S.) 

MINERAL    LAND    RULINGS. 

Rule  laid  down  as  to  what  constitutes.     1  L.  D.,  560  ;  No.  (is;. 

Regulations  governing  entry  of  lands  containing  borax  and  akaline  earths, 
sulphur,  alum,  and  asphalt.     I  L.  D.,  501 ;  No.  713. 

Frie-clay  or  kaoline  subject  to  mineral  entry.     1  L.  D..  565  :  No.  719. 

I  Sypsum  and  limestone  held  to  be  minerals.     1  L.  D.,  500  ;  No.  <iS7. 

Lands  containing  mineral  springs,  not  of  a  saline  character,  are  subject  to 
sale  under  the  general  laws.     1  L.  D.,  502 ;  No.  707. 

Coal  and  iron  lands  in  Alabama;  circular  of  April  9,  1883.  I  L.  D.,  655; 
No.  64. 

Sale  of  coal  land  ;  circular  of  July  31,  18S2.     1  L.  D.,  087  ;  No.  47. 

In  Alabama  disposed  of  as  agricultural.     1  L.  D.,  96;  No.  285. 

In  Missouri  disposed  of  as  agricultural.     1  L.  1>.,  599;  No.  2023. 

May  be  included  within  military  reservation,  and  while  thus  reserved  is  not 
subject  to  other  appropriation.     1  L.  I).,  552;  No.  681. 

Townsite  may  be  located  within.     1  L.  D.,  550;  No.  701. 

Minerals. 

Borax,  soda,  alum,  oil,  etc.,  are  mineral-  within  the  meaning  of  the  mining 
laws.    2L.  D.,  709;  No.  732. 

I  1  is  not  within  the  meaning  of  the  art  of  June  3,  1878.  2  L.  D.,  827  ;  No. 
2057. 

The  act  of  March  ::.  188 :,  subjects  to  public  sale  lands,  theretofore  reported 
atainingcoalor  iron,  which  appear  on  the  records  to  be  vacant  (Alabama). 
2L.D. ,:;:»;  No.  295. 


MATTHEWS'S    GUIDE.  177 

Ono  who  settled  on  mineral  land  in  1871  acquired  no  right  to  it  by  virtue 
of  section  3,  act  of  May  14,  1880,  and  is  not  protected  by  tho  act  of  March  3, 
1883  (Alabama).    2  L.  D.,  35 ;  No.  295. 

A  tract  reported  in  1879  as  containing  valuable  coal,  but  whereon  a  home- 
stead entry  was  allowed  in  1883,  whicli  was  afterwards  relinquished  and  can- 
celed, must  be  offered  at  public  sale  (Alabama).    2  L.  D.,  30 ;  No.  295. 

Sec.  2341,  R.  St,  was  intended  to  relieve  persons  who  had  settled  on  lands 
theretofore  designated  as  mineral,  when  they  were  afterwards  found  to  be  agri- 
cultural ;  Sec.  2342,  11.  S.,  gave  the  right  of  settlement  on  said  lands  when  duly 
set  apart  as  agricultural.    2  L.  D.,  710  ;  No.  723. 

By  their  designation  as  "agricultural"  in  the  official  plats,  lands  in  a  min- 
eral belt  were  set  apart  as  prima  facie  "  clearly  agricultural,"  under  section  11, 
act  of  July  26,  18GG  (Sec.  2342,  R.  S.)     2  L.  D.,  713,  850 ;  Nos.  722,  18LG. 

When  lands  have  been  returned  as  agricultural  the  burden  of  proof  is  on  one 
denying  their  prima  facie  character.    2  L.  D.,  714,  717,  721 ;  Nos.  722,  723,  729. 

Whenever  mineral  and  agricultural  or  townsite  claims  conflict,  the  compara- 
tive value  of  the  land  for  mining  or  agriculture  is  in  question  and  must  be  con- 
sidered.   2  L.  D.,  717,  720,  721 ;  Nos.  723,  724,  729. 

One  denying  the  prima  facie  agricultural  character  of  a  tract  covered  by  a 
claim  (homestead)  must  show,  not  that  it  is  of  little  value  for  agriculture,  not 
that  adjoining  or  neighboring  lands  arc  mineral,  and  not,  theoretically,  that  the 
tract  may  possibly  develop  minerals  in  the  future,  but  that,  as  a  present  fact, 
proved  by  the  actual  production  of  minerals,  it  is  mineral  land.  2  L.  D.,  721 ; 
No.  729. 

Where  the  testimony  to  agricultural  character  was  speculative,  and  the  land 
never  paid  the  expenses  of  cultivating  it,  but  the  minerals  obtained  during 
several  years  paid  for  the  plant  and  for  mining  expenses,  it  is  subject  to  min- 
eral entry.    2  L.  D.,  719 ;  No.  723. 

An  entry  (homestead)  of  record  bars  the  filing  of  a  placer  application  for  the 
tract  until  after  a  determination  of  the  character  of  the  land.  2  L.  D.,  712  ; 
No.  722. 

Where  a  placer  application  has  been  filed  on  a  homestead  entry  of  land  both 
claims  may  be  suspended  until  after  a  hearing  upon  the  character  of  the  land. 
2  L.  D.,  712 ;  No.  722. 

Land  chiefly  valuable  for  deposits  of  building  stone,  containing  no  lodes  or 
veins  of  quartz  or  other  rock  in  place,  may  be  entered  as  a  placer  claim.  3  L. 
D.,  110 ;  No.  752. 

The  general  instructions,  revoking  mineral  withdrawals,  and  placing  the  bur- 
ded  of  proof  upon  mineral  claimants,  were  applicable  to  Alabama  lands.  3  L. 
D.,  109 ;  No.  741. 

The  act  of  March  3, 1883  (Alabama),  only  operated  on  lands  withdrawn  and 
designated  as  mineral.    3  L.  D.,  173  ;  No.  741. 

Lands  covered  by  entries  and  valid  applications  prior  to  the  act  of  March  3, 
1883  (Alabama),  were  not  affected  by  said  act.    3  L.  D.,  1(59  ;  No.  741. 

The  act  of  March  3, 1883  (Alabama),  relates  only  to  the  future  disposition 
of  lands.    3L.  D.,  172;  No.  741. 

The  act  of  March  3, 1883  (Alabama),  was  not  intended  to  change  previous 
constructions  of  the  law.    3  L.  D.,  177 ;  No.  741. 

The  act  of  March  3, 1883  (Alabama),  conferred  no  rights  save  in  cases  where 
entries  had  been  made  prior  to  its  passage.    3  L.  D.,  177  ;  No.  749. 

Does  not  pass  under  school  grant.    3  L.  D.,  233  ;  No.  438. 

All  evidence  as  to  character  of  land  should  receive  due  consideration.  3  L, 
D.,  234  ;  No.  755, 

The  Government  interested  in  determining  the  character  of  land.  3  L.  D., 
234 ;  No.  755. 

The  land  being  returned  as  agricultural  the  burden  of  proof  is  with  the  min- 
eral claimant.    3  L.  D.,  234  ;  No.  755. 

So  known  would  not  pass  under  the  townsite  patent.    4  L.  D.,  556 ;  No.  837. 

Must  be  shown  such  as  the  present  fact.    4  L.  D.,  478 ;  No.  782. 

So  held  under  the  evidence,    4  L.  D.,  104 ;  No.  767. 


17S  MATTIIKVYSS    QUIDS. 

Oil  land  held  as  mineral.     4  L.  D.,  60,  284  ;  Nos.  784,  775. 

Proof  that  neighboring  land  contains  oil  not  sufficient  to  defeat  agricultural 
entry  of  land  retained  as  subject  thereto.    4  L.  D.,  GO;  No.  7(>4. 

Exemption  of,  from  school  reservation.    4  L.  D.,  75;  No.  765. 

Locations  prior  to  survey  not  in  conflict  with  reserved  school  sections.  4  L. 
D~96;  No.  786. 

Vested  right  in,  notaffectedby  the  act  of  March  3, 18S3  (Alabama).  4  L.  D., 
476;  No.  781. 

In  Alaska,  regulations  concerning.    4  L.  D.,  128  ;  No.  98. 

Order  of  .March  24, 1885,  BOSpending  action  on  mineral  applications  for  school 
lands  rev<  »ked.    4  L.  D.,  531 ;  No.  5:J6. 

Determination  as  to  character  of,  final.    5  L.  D.,  131 ;  No.  789. 

Pee  of,  indivisible.    5  L.  D.,  256;  No.  842. 

Land  containing  a  mineral  spring  is  not.    5  L.  D.,  190 ;  No.  7S9a. 

Not  known  as  such,  but  sold  as  agricultural,  title  passes.  5  L.  D..  193;  No. 
1526. 

Known  to  be  such  excepted  from  railroad  grant.    5  L.  D.,  19:5 ;  No.  1 E 

Found  to  be  such  after  patent  under  railroad  grant,  does  not  affect  the  title. 
5L.  D.,  193;  No.  1526. 

Settlers  upon,  without  protection.    5  L.  D.,  131  ;  No.  789. 

MINING   CXAIM   BOXINGS. 

The  right  conferred  by  a  valid  mining  location  amounts  to  a  property,  capa- 
ble of  bem<4  employed  or  transferred,  entirely  separate  and  distinct  from  the 
fee  ..1"  the  land.     1  L.  D.,  615  ;  No.  2028. 

Mining  laws  recognized  prior  local  laws,  rule?,  and  regulations.  1  L.  D.,  584 ; 
No.  690. 

Assignments  of  interests  in  mining  possessions  are  valid,  even  by  parol  trans- 
fer.    1  L.  1).,  593;  No.  695. 

Mining  laws  recognized  jurisdiction  assumed  by  the  courts.  1  L.  D.,  584 ;  No. 
6    >. 

Requisite  compliance  with  law  presumed  after  entry.     1  L.  D.,  548 ;  No.  702. 

Includes  a  tunnel  locution.     1  L.  D.,  5S4  ;  No.  690. 

<  Sancellation  of  mineral  entry  does  not  affect  possessory  rights.  1  L.  D.,  526  ; 
No.  1590. 

Miners'  rights  not  divested  by  subsequent  appropriation  of  the  land  for  mili- 
(  u y  reservation.    1  L.  D.,  552;  No.  689. 

The  Land  Department  will  inquire  into  questions  affecting  compliance  with 
tin-  law.    l  1>.  D.,  584;  No.  690. 

Patent  will  not  issue  for  location  within  prior  patented  lines.     1  L.  i).,  599  ; 

Mineral  entry  not  invalid  because  at  the  time  made  the  land  was  covered  by 
:i  ho  itry.    1  L.  D., 565!  No.  711). 

-  ctions  LV.JI  and  i'  325  should  l>e  construed  together.    1  L.  D.,  544  ;  No.  703. 

In  application  for  survey  tlie  locution  must  beproperlv  marked  and  recorded. 
I  L.  I<..  681  ;  No.  691. 

Application  for  lode  patent  within  limits  of  patented  placer,  alleging  that  the 

existence  of  the  lode  was  known  at  date  of  placer  application,  should  be  re- 

1.  subject  to  adverse  proceedimrs  of  placer  claimant.     1  L.  D.,564  ;  No  717. 

Application  in  conflict  with  prior  pending  claim  not  received.  1  L.  D.,  542  ; 
No.l 

Application  allowed  by  the  receiver  instead  of  the  register  not  disturbed.  1 
L.  D.,545;  No.  704. 

Applications  should  he  received  in  the  order  of  time  a-  presented.  1  L.  D., 
r>< ;  j  ;  No.  8 

Adverse  proceed i ngB ;  circular  of  May  '.),  1882.     1  L.  D.,  685;  No.  45. 

Tunnel  location  should  be  protected  by  adverse  suit  as  other  mining  claims. 
1  L.  D.,584;  No.  690. 


MATTHEWS's    (iUIDE.  179 

Extent  and  nature  of  adverse  claim  may  be  .shown  by  means  beet  practica- 
ble if  survey  cannot  be  made.     1  L.  1).,  5S2 ;  No.  693. 

Adverse  claimants  held  to  reasonable  diligence.    1  L.  D.,  582;  No.  693. 

Rights  as  between  adverse  claimants  must  be  determined  by  the  courts.  1  L. 
D.,  584 ;  No.  690. 

Courts  must  determine  legal  rights  between  townsiteand  mineral  claimants. 
1  L.  D.,  556  ;  No.  701  ;  but  see  No.  842. 

Preliminary  proofs  accepted,  though  patent  must  issue  for  claim  as  dimin- 
ished by  adverse  placer.     1  L.  P.,  551 ;  No.  718. 

Alleged  delinquent  co-tenants  must  protect  then*  rights  as  adverse  claimants. 
1  L.  D.,  544 ;  No.  70:3. 

Entry  should  be  canceled  where  the  certificate  showing  non-existence  of  suit 
was  recalled.     1  L.  D.,  539  ;  No.  705. 

Stay  of  proceedings  warranted  on  allegation  of  adverse  claim  shown  on  plat 
filed.     1  L.  D.,538;  No.  709. 

In  the  absence  of  adverse  claim  it  is  assumed  that  the  applicant  is  entitled 
to  patent,  and  no  agreement  of  parties  can  affect  this  statutory  provision.  1  L. 
D.,591  ;  No.  694. 

Failure  of  prior  locator  to  file  adverse  claim  is  a  waiver  of  his  right.  1  L. 
D.,  591  ;  No.  694. 

Failure  of  adverse  claimant  to  institute  suit  a  waiver  of  his  claim.  1L.D.. 
584;  No.  690.  _ 

Adverse  claim,  though  informal,  held  sufficient  where  suit  had  been  duly 
brought  thereon.    1  L.  D.,  603 ;  No.  708. 

Separate  patents  may  issue  for  such  portions  of  claims  as  adverse  parties  may 
rightfully  possess.    1  L.  P.,  593  ;  No.  695. 

Time  for  filing  adverse  claim  not  computed  to  include  period  during  which 
the  local  office  was  closed.     1  L.  D.,  572 ;  No.  697. 

Lode  within  placer  claim,  not  known  at  application,  passes  with  patent  of 
placer.     1  L.  D.,  549  ;  No.  714. 

Lode  claim  within  placer  restricted  to  25  feet  on  each  side  of  the  lode  on 
failure  to  properly  protect  the  full  extent  of  the  claim  by  adverse  proceedings. 
1  L.  U.,  551 ;  No.  718. 

Waiver  of  a  portion  of  lode  claim,  including  original  discovery  shaft,  does 
not  affect  rights  of  possession  and  development  as  to  the  remainder.  1  L.  D  , 
593  ;  No.  695. 

Mill-sites  provided  for  and  recognized  by  section  2337,  E.  S.  1  L.  D..  556 : 
No.  701. 

Mill-site  location  made  the  same  as  mineral  claim.     1  L.  D.,  556;  No.  701. 

Under  the  first  class  of  mill-sites  there  must  be  a  lode  or  vein  shown  in  con- 
nexion therewith.    1  L.  D.,  556;  No.  701. 

Mill-site  claim  must  be  protected  by  adverse  proceedings  in  case  of  conflict- 
ing application.     1  L.  D.,  555  ;  No.  699. 

All  kn<  »wn  lodes  at  date  of  placer  application  are  excepted  from  patent  issued 
thereon,  together  with  25  feet  on  each  side  of  said  lodes.  1  L.  P.,  577 ;  No. 
712. 

Area  of  placer ;  expenditure ;  circular  of  December  9, 1882.  1  L.  D..  (594  :  No. 
53. 

Patent  for  placer ;  circular  of  September  22,  1S82.     1  L.  D.,  685 ;  No.  49. 

Fire-clay,  or  kaolin,  properly  the  subject  of  placer  location.  1  L.  D..  565: 
No.  719. 

Rich  of  the  three  concurrent  details  in  publication  of  notice  must  be  equally 
observed.     1  L.  D.,  572 ;  No.  697. 

Notice  of  application  must  be  posted  in  local  office  during  the  whole  period 
-of  publication.     1  L.  D.,  572 ;  No.  697. 

Posting  in  open  shaft-hose  held  sufficient.     1  L.  D.,  548  ;  No.  702. 

Publication  of  notice  in  paper  designated  by  the  register  sufficient.  1  L.  D., 
570;  No.  696. 

Insufficiency  of  publication,  not  the  fault  of  applicant,  waived  in  the  absence 
•of  adverse  rights.     1  L.  P.,  575;  No.  711. 


ls,o  matthewb's  quide. 

Exclusion  of  conflicting  areas  must  appear  in  published  posted  notices.  1 
L.  D.,  542 ; 

Protestant  has  no  right  of  appeal.     1  L.  D.,  584  ;  No.  G'JO. 

.•  cannot  rely  on  technicalities,    l  L  I »-.  677 ;  No.  712. 
Survey  of;  circular  of  November  lo,  1SS2.    1  L.  D.,  G'.):>;  No.  02. 
Pro  .  upon  a  false  survey  and  publication  are  invalid.     1  L.  D., 

593 ;  No.  6 

The  possessory  title  to  a  lode  claim,  held  and   worked  for  a  period  equal  to 
ibed  in  the  local  statute  of  limitations  for  mining  claims,  may, 
in  absence  of  an  adverse  claim,  be  established  in  the  manner  now  authorized 
in  placer  claim-.     2  L.  D.,  726;  No.  66. 

ion,  2324  Revised  Statutes,  bas  reference  solely  to  title  by  right  ofpoe 
Bion,  anl  does  not  conflict  with  titles  acquired  by  purchase.    -*  L.  1'.,  771 ;  N". 

A  dis  sovery  within  the  limits  of  a  prior  existing  and  valid  location,  will  not 
i]  t  a  Location  since  May  10,  1872  ;  where  there  baa  been  no  application  for 

S.\  by  the  prior  locators,  inquiry  into  the  question  need  not  be  made,     2  L 
[;  No.  744. 

Where  the  discovery  on  which  location  was  based  was  made  within  a  prior 
location  a  subsequent  discovery  within  the  ground  claimed  prior  to  application 
or  adverse  right  is  sufficient,  and  obviates  the  necessity  of  re-marking  the 
boundaries.    2  L.  1).,  752  ;  No.  74o. 

There  must  have  been  a  discovery  of  mineral  within  the  surface  boundary 
of  the  claim  prior  to  the  application  ;  if  made  within  the  claim's  limit.-  ]><  fore 
an  adverse  right  attache-,  though  not  in  the  discovery  shaft,  it  is  sufficient.  2 
L.  D.,  741,74  I;  Nos.  7.7.  744. 

Where  it  is  necefsary  to  support  an  entry  made,  and  there  is  no  adverse 
claim  or  showing  of  fraud,  if  the  evidence  is  conflicting  the  discovery  of  min- 
eral in  the  discovery  shaft  will  be  presumed.     2  L.  D.,  742  ;  No.  7:'.7. 

Whether  the  legislature  of  Colorado  may,  in  view  of  the  national  statute, 
lawfully  attach  to  the  mining  laws  a  condition  requiring  a  discovery  in  the 
ry  shaft,  quaere,    -i  L.  U.,  74i';  Xe».  7:;7. 

A  location  with  discovery  shaft  on  vacant  ground  may  not  include  sail 
ground,  and  non-contiguous  ground  on  the  same  vein  or  lode,  the  two  parts  of 
the  junior  location  being  separated  by  an  intervening  claim  ^patented).  2  L. 
D..  7::.">,  736;  Nos.  716,  731. 

1.'.  -ation  and  working  for  mining  purposes  segregate  the  land,  and  prevent 
utilization  of  a  discovery  within  its  bunts.     1  L.  D.,  744  ;  No.  744. 

Surface  -round  is  an  incident  of  the  lode,  and  a  location  oi  Burface  ground 
which  does  not  include  any  part  of  the  lode  claimed  to  have  been  discovered 
is  invalid,     2  L  D.,  711;  No.  744. 

Whether  a  placer  "  location  "  by  the  local  officers  i>  within  rule  prohibiting 
"entries"  by  them,  quaere.     2  L,  !>.,  754;  No.  ,47. 

A  Location  on  surveyed  Lands,  Bince  the  actof  187:.',  must  conform  to  the  pub- 
lic survi  vs  only  SO  far  a-  i-  reasonably  practicable;  it  may  be  for  12,000  feet  of 
the  bed  of  a  non-navigable  stream  in  a  canon.    2  L  !>.,  764  ;  No.  786. 

No  proof  of  abandonment  is  required  of  relocatora  alleging  it  in  their  appli- 
cation.   2  J-.  1).,  698;  No.  7:54. 

The  relocation  of  an  erroneous  location,  allowed  by  the  laws  ot  Colorado, 
must  be  substantially  the  same  as  the  original  location;  additional  ground  may 
n,,t  be  included,  if  existing  rights  (by  color  of  la\v)are  interfered  with.  2  L. 
\)..  7  Hi;  No.  7.I7. 

In  enlarging  a  1  ication  (placer),  the  relocation  is  restricted  to  20  acre-  addi- 
tional.    2L.  \>.,  763;  No.  726. 

No  deposit  i<  required  to  accompany  an  application  for  survey  in  the  In  Id, 
the  applicant  being  free  to  contract  as'he  pleases;  for  plantingor  office  work  a 
deposit  must  be  made.     "2  L.  I).,  77.'5 ;  No.  728. 

L':;;!,  K.  S.,  was  intended  to  protect  applicants  from  unjust  charges  tor 
survey  and  publication.     2  L.  D",  77;];  No.  728. 


MATTHEWS'S    GUIDE.  181 

An  error  in  description  (last  course  and  distance,  to  inclose  the  tract,  made 
to  ran  east  instead  of  west),  which  does  not  mislead  the  adverse  claimant  or 
defeat  any  right,  will  not  invalidate  the  publication.    2  L.  D.,  707  ;  No.  732. 

The  selection  of  a  newspaper  rests  in  the  sound  discretion  of  the  register ; 
other  things  being  equal,  the  convenience  of  the  applicant  should  be  consulted. 
2  L.  D.,  758 ;  No.  738. 

Where  the  plat  and  notice  were  posted  in  the  limits  of  the  claim  as  located, 
although  on  ground  excluded  (for  conflict)  from  the  application,  it  suffices.  2 
L.  D.,  756 ;  No.  706. 

A  mineral  entry  of  record,  dormant  for  seven  years,  held  to  have  barred  an 
application.    2  L.  D.,  769 ;  No.  700. 

Application  embracing  more  than  one  lode  location  will  not  be  received ; 
circular  June  8,  1883.    2  L.  D.,  725 ;  No.  66 ;  see  No.  72. 

Consolidated  application  filed  prior  to  receipt  at  local  office  of  circular  of 
June  8, 1883,  may  be  received  on  proof  of  improvements  of  the  value  of  $500  on 
each  lode  claim.    2  L.  D.,  726,  772 ;  Nos.  72,  700. 

Application  embracing  a  location  (placer),  assigned  to  applicant,  and  a  relo- 
cation of  said  location  enlarging  it  must  show  $500  expended  on  each  loca- 
tion ;  the  enlargement  must  not  exceed  twenty  acres.     2  L.  D.,  763  ;  No.  726. 

Rule  that  application  by  an  association  of  persons  may  not  be  for  more  than 
one  location  or  for  more  than  160  acres,  does  not  extend  to  lands  containing 
deposits  of  borax,  soda,  alum,  etc.,  in  California,  Nevada.  Arizona,  Utah,  and 
Wyoming.    2  L.  D.,  70S  ;  No.  732, 

Application  for  water-right,  under  gui6e  of  a  placer  claim,  will  be  rejected. 
2  L.  D.,  774 ;  No.  733. 

An  adverse  claim  must  be  upon  oath  of  the  person  or  persons  making  it ; 
may  not  be  sworn  to  by  an  attorney.    2  L.  D.,  707 ;  No.  730. 

The  adverse  claim  must  be  filed  within  the  sixty  days  of  publication  ;  the 
rule  allowing  it  to  be  filed  on  the  day  of  the  tenth  publication,  where  the  news- 
paper is  issued  weekly,  is  rescinded.    2  L.  D.,  709 ;  No.  735. 

The  adverse  claimant  may  not,  before  suit  commenced,  file  an  application 
for  the  ground  adversely  claimed.    2  L.  D.,  723  ;  No.  743. 

Failure  to  adverse  within  required  time  (because  of  alleged  failure  of  ad- 
verse claimants  to  obtain  mineral  in  their  claim)  is  an  admission  that  they  had 
no  right  to  the  property ;  they  cannot  be  heard  subsequently  to  claim  either 
legal  or  equitable  title  to  it.    2  L.  D.,  738 ;  No.  737. 

Suit  must  be  commenced  within  thirty  days  after  filing;  when  not  so  com- 
menced (by  reason  of  absence  of  the  clerk  of  the  court  and  his  deputy)  it  must 
l>e  held  that  no  adverse  claim  exists.     2  L.  D.,  707,  744 ;  Nos.  732,  744. 

Proof  that  suit  was  not  duly  commenced  must  be  by  certificates  of  clerks  of 
proper  State  and  United  States  courts.    2  L.  D.,  726  ;  No.  66. 

The  applicant,  adversed,  may  litigate  the  case,  or  relinquish  the  ground  in 
-conflict  and  take  patent  for  the  remaider,  or  dismiss  his  application  for  patent 
and  rely  on  his  possessory  title.     2  L.  D.,  744 ;  No.  744. 

An  adverse  claimant  may  not,  after  suit  commenced,  file  an  application  for 
the  ground  adversely  claimed.    2  L.  D.,  704  ;  No.  720. 

All  questions  concerning  the  proper  location,  and  the  maintenance  of  a  prior 
location  by  the  performance  of  labor,  must  be  left  to  the  courts.  2  L.  D.,  749  ; 
No.  744. 

The  question  of  abandonment  of  a  mine,  alleged  by  the  relocators,  is  a  proper 
one  for  the  courts,  if  an  adverse  claim  is  filed.    2  L.  D.,  699  ;  No.  734. 

Where  an  adverse  claim  is  presented  in  proper  form,  and  the  courts  have 
properly  acquired  jurisdiction,  and  there  has  been  no  settlement  or  decision  of 
the  suit  or  waiver  of  the  claim,  the  General  Land  Office  will  not  consider  a 
question  which  goes  to  the  merits  of  the  case  (motion  to  dismiss  because, 
whilst  the  claim  denies  the  ownership  of  the  applicants,  it  admits  a  location 
subsequent  to  the  application  for  patent).     2  L.  L>.,  699  ;  No.  710. 

The  subject  matter  of  the  controversy  having  been  transferred  to  a  court  of 
•competent  jurisdiction,  all  further  proceedings  in  the  land  office  affecting  the 


182  IfAXTHEWS'a    OUIDK. 

property  in  dispute  are  stayed,  with  the  exception  of  the  publication  of  notice 
ami  muring  end  filing  proof  thereof.     2  L.  D.,  70."> ;  No.  720. 

When-  suit  was  duly  commenced,  though  a  subsequent  decision  dismissing 
the  advene  claim  for  invalidity  (sworn  to  by  an  attorney)  has  become  final  (no 
appeal),  no  action  looking  to  the  issue  of  patent  will  he  taken  while  the  suit  is 
pending.    2  L  D.,  7(H);  No.  7.J0. 

Where  suit  on  the  adverse  claim  has  been  duly  instituted,  hut  a  subsequent 
application  by  the  adverse  claimant  embracing  the  same  ground  has  been  re- 
ceive land  duly  ad  versed  by  the  original  applicant  and  suit  thereon  commenced* 
the  Land  Department  has  jurisdiction  to  dismiss  from  the  record  the  second 
application.    2  L.  I).,  701;  No.  720. 

Where  >uit  on  the  advene  claim  has  been  duly  instituted,  hut  a  subsequent 
application  by  the  advene  claimant  embracing  the  same  ground  has  been 
received  and  duly: advened  by  the  original  applicant, and  suit  thereon  com- 
menced, the  Land  Department  will  not  dismiss  the  second  application  from 

the  record  while  both  or  one  of  the  suit-  ifl  pending.     2  L  l>..  7  1  2  ;   No.  7-">">. 

After  A  had  Hied  an  application,  B  filed  an  application  embracing  part  of  the 
ground,  and  also  duly  ad  versed  A  and  commenced  suit;  before  judgment) 
which  was  in  his  favor,  B  made  mineral  entry;  in  view  of  the  judgment  and  of 
A's  acquiescence  therein,  the  question  is  between  B  and  the  Government^  and 

the  irregularity  in  the  application  and  entry  will  be  waived.  2  I..  1).,  722;  No. 
743. 

The  adverse  claimant,  after  judgment  in  his  favor,  mnst  accompany  his  am- 
plication with  the  official  plat  and  lield-notes,  and  with  a  certificate  to  tin 
requisite  amount  of  labor  and  improvements.     2  L.  D.,  706;  No.  721. 

After -judgment,  the  successful  claimant  must  file  a  certified  copy  thereof, 
with  the  other  evidence  required  by  Sec.  2326,  B.  S. ;  if  suit  be  dismissed,  tht 
clerk's  certificate,  or  a  certified  copy  of  the  order  of  dismissal,  must  be  filed  ; 
in  no  case  will  a  relinquishment  or  other  proof  filed  in  tin-  local  office  b  ac- 
cepted in  lieu  of  the  foregoing.     2  L.  i>..  72(J ;  No.  lit). 

The  applicant  is  entitled  to  enter  for  all  that  pari  of  the  ground  not  affect.  >l 
bv  the  judgment;  where  tin-  judgment  is  for  but  part  of  the  ground  adversely 
Maimed,  entry  nmy  not  be  made  until  it  becomes  final  :  judgment  for  all  the 
ground  adversely  claimed  may  be  treated  as  final  judgment.  2  L.  D.,  750;  No 
744. 

An  entry  embracing  more  than  one  lode  location  will  not  be  allowed  after 
receipt  of  these  instructions  (approved  July  (J,  1888)  at  the  local  office.  2  L.  D., 
725,  726,  772;  Noe.  66,  72.  700. 

Only  an  applicant  or  his  assignee  may  make  entry  under  Sec.2325j  Revised 
Statutes, -or  have  his  name  inserted  in  the  certificate  of  entry;  this  regulation 
does  not  apply  to  proceedings  under  Sec.  2326,  Revised  statutes.  2  L.  I'..  725; 
No.  66. 

B  a  ■  .'. .  •  ■  ■  -  reap  cting  entry  by  one  applying  as  trustee.    2  1..  P..  725;  No.  66. 

Entry  will  be  allowed  only  when  the  register  i-  satisfied  that  all  the  proofc 
required  by  the  regulations  are  filed,  and  that  they  -how  a  bona  fide  compliance 
with  the  law  and  regulations.    2  L.  D.,  726  ;  No.  66. 

<  rives  the  entryman  complete  equitable  title  so  far  as  third  persons  are  con 
corned,  which  is  not  subject  to  forfeiture  under  See.  2324,  R.  s. ;  the  validity  of 

an  entry  depends  on  the  facts  existing  when    it  is  made,  and  not  oil  the  euti  \  - 

man's  subsequent  acts  or  omissions.    2  I..  D.,  770,  771;  No.  700. 

Where  entry  is  erroneously  canceled,  the  land  is  not  subjected  to  appropri- 
ation by  a  stranger  to  the  record  who  had  located  it  while  the  entry  was  sub 
sisting.    2  I..  I)..  769  ;  No.  700. 

Entry  of  lam  containing  boms,  soda,  alum,  etc.,  in  California, 

vada.  Arizona,  Utah,  and  Wyoming,  may  be  made  under  regulations  of  October 
81,1881;  whether  same  ruling  should  apply  to  oil,  qiuere.  2  L.D.,708;  No. 
782. 

Entry  may  be  mads  bya  purchaser  in  good  faith  of  the  interest  of  a  rcgistei 

in  a  location  (placer)  made  by  himself.     2  L.  !>..  764  ;   No.  7-17. 


MATTHEWS?    GUIDE.  18'» 

A  protestant  has  no  standing  before  the  Department  as  a  litigant.  2  L.  D.r 
743,  749 ;  Nos.  740,  744. 

The  form  of  a  lode  location  need  not  necessarily  be  that  of  a  parallelogram  ; 
the  formation  of  a  mineral  deposit  must  govern.    3  L,  D.,  1 1  ;  No.  749. 

Surveyors-general  required  to  note  date  of  location  on  approved  plats  of  sur- 
vey.   3  L.  D.,  40  ;  No.  750. 

Survey  of;  instructions.    8  L.  D.,  542,  541 ;  Nos.  89,  92  ;  but  see  No.  12(3. 

Valid  location  cannot  be  made  on  a  tortious  entry.    3  L.  D.,  267  ;  No.  756. 

Mineral  value  of  tract  claimed  to  be  shown.    3  L.  D.,  53G  ;  No.  761. 

Lode  claim  within  placer  restricted  to  twenty-five  feet  on  either  side  thereof. 
S  L.  D.,  383 ;  No.  759. 

The  twenty-five  feet  referred  to  in  Sec.  2333,  R.  S.,  is  to  be  measured  from  the 
center  of  the  lode.    3  L.  D.,  388 ;  No.  759. 

The  burden  of  proof  is  upon  the  protestants.    3  L.  D.,  267 ;  No.  756. 

Patent  issued  to  applicant,  after  quit-claim,  priority  of  parties  being  shown. 
3  L.  D..  340 ;  No.  757. 

Protestant  not  entitled  to  appeal.    3  L.  D.,  422 ;  No.  760. 

Failure  to  post  notice  on  mill-site  portion  of  claim  excused  under  the  facts. 
3L.  D.,  386;  No.  758.  ■  .        -; 

Failure  to  adverse  within  period  of  publication  leaves  the  plaintiff  in  the 
position  of  a  protestant,    3  L.  D„  422 ;  No.  760. 

The  junior  application  should  be  treated  as  an  adverse  claim  when  the  rec- 
ord shows  the  existence  of  the  senior  application.    3  L.  D.,  40  ;  No.  750. 

The  second  applicant  not  having  filed  adverse,  being  misled  by  the  error  of 
the  register  in  receiving  their  application,  allowed  thirty  days  to  institute  suit. 
3  L.  D°,  40 ;  No.  750. 

In  the  publication  of  notice  figures  must  not  be  changed  to  words  and  charged 
for  as  thus  extended.    3  L.  D.,  115 ;  No.  880. 

Water-right  cannot  be  obtained  under  the  guise  of  a  placer  claim.    6  L.  D., 

536;  No.  761.  .         ..'':".■»  .     ,      ,, 

Where  a  town  settlement  is  made  upon  a  mineral  claim  the  patent  should 

contain  the  clause  of  reservation,  even  if  the  settlement  is  unprotected  by  entry. 

3  L.  D.,  84 ;  No.  2116 ;  but  see  Nos.  842, 1526. 

Where  part  of  the  claim  included  within  the  application  was  taken  by  assign- 
ment after  litigation  with  a  successful  adverse  claimant,  evidence  must  be  fur- 
nished showing  the  necessary  expenditures  thereon.    3  L.  D.,  149  ;  No.  753. 

Work  done  on  a  claim  with  the  view  of  developing  adjoining  claim  also, 
is  available  for  both.    3  L.  D.,  267 ;  No.  756.  _ 

Law  and  reflations  contemplate  that  primary  decision  in,  shall  be  made  by 
the  local  office.    4  L.  D.,  377 ;  No.  780. 

The  case  coming  upon  appeal  from  the  local  office  without  a  decision  on  the 
merits  the  papers  are  returned  for  its  action.    4  L.  D.,  376 ;  No.  780. 

Under  which  the  requirements  of  the  law  have  been  complied  with  confers 
a  vested  right.    4  L.  D.,  476;  No.  781. 

When  applicant's  affidavit  may  be  made  by  an  agent.    4  L.  L>.,o/4;  J\o. 

104. 

Application  for  entry  not  properly  followed  up  confers  no  exclusive  rights. 

4  L.  D.,  30 ;  No.  763..  ..  .... 

Certificate  as  to  expenditure  upon  claim  should  be  filed  with  application  or 

during  publication.    4  L.  D.,  17  ;  No.  762. 

Abstract  to  approximate  date  of  application.    4  L.  D.,  374,  51&;   INos.  1U4, 

784 

Error  in  boundary  of  claim  as  shown  by  survey  stakes  may  be  corrected 
through  the  surveyor-general's  oiiice.    4  L.  I).,  117  ;  No.  768. 

The  stay  of  proceedings,  resulting  from  adverse  claim,  removed  by  waiver. 
4  L.  D,  120,  370;  Nos.  768,  780. 

Adverse  claim  must  be  asserted  within  the  period  of  publication.  4  1,.  U., 
30;  No.  703.  ,   ,  .      ,     ,      ,'  ...      .  ' 

Waiver  of  adverse  claim  effective  when  filed  in  the  local  office  without  refer- 
ence to  pending  judicial  proceedings  thereon.    4  L.  D.,  117,  376 ;  Nos.  768, 780. 


1$4  MATTHKUSS    <.LIDE. 

The  judgment  of  the  court  doe*  not  go  beyond  the  right  of  possession.  A  L. 
D..  314;  No.  77«.. 

Hearing  as  to  character  of  land  and  compliance  with  the  law  ordered  after 
BncceMfuTittU against adverse  claim.    4  L.  I).,  .'514  ;  No.  776. 

Alien,  after  declaration  of  intention,  may  take  ad\antageof  bin  previous  acts 
done  under  the  mining  law.    4  L.  D..  565  ;  No.  547. 

Circular  of  December  14, 1885,  modifying  the  practice  under  the  Good  Re- 
turn Placer  mine  decision.    4  L.  EL  374  ;  No.  104. 

Labor  and  improvements  on  land  excluded  from  claim  confer  no  rights.  4 
L  I)..  MO;  No.  770. 

Surrey  of  consolidated  claim  embracing  several  contiguous  lode  locations 
allowed."    4  L.  D.,  362  ;  No.  777. 

Additional  proof  allowed  though  the  discovery  and  improvement*  appeared 
to  be  on  land  excluded  from  the  claim.     4  L.  D.,  HiO ;  No.  770. 

Failure  to  assert  an  alleged  right  in  the  courts,  on  due  opportunity,  debars 
its  consideration  when  set  up  by  an  assignee  who  is  not  an  "  adverse  claimant" 
4  L.  D.,  271 ;  No.  772. 

Dismissal  of  suit  by  adverse  claimant  held  a  waiver  of  claim  to  ground  in 
conflict,  where  the  lode  passed  through  the  prior  placer  claim.  4  L.  D.,  278; 
No.  773. 

Protest  or  adverse  claim  should  be  filed  as  against  an  application  to  protect 
rights  under  a  prior  townsite  patent.    4  L.  D.,  555 ;  No.  837. 

Claimant  for  alleged  known  lode  should  apply  for  patent,  though  such  lode 
is  included  in  placer  patent  issued  to  another.    4  L.  D.,  4!i4  ;  No.  7S3. 

The  right  to  determine  questions  of  possession  in  the  courts  necessarily  in- 
volves all  matters  incidental  thereto.    4  L.  D.,  273  ;  No.  772. 

Location  of  mill-site  on  non-mineral  land,  not  contiguous  to  lode,  protected 
from  subsequent  townsite  appropriation.    4  L.  1).,  212;  No.  2120. 

Application  not  limited  to  single  location.    4  L.  1).,  221,  284;  Nos.  771,  775. 

Though  the  application  covers  several  locations,  proof  of  |500  expended  on 
the  claim,  as  applied  for,  is  sufficient.    4  L.  D.,  221,  374  ;  Nos.  771,  104. 

Where  application  covers  several  locations,  an  adverse  claimant  may  show 
abandonment  of  any  one  of  such  locations.    4  L.  D..  221 ;  No.  771. 

Preliminary  showing  of  expenditure  necessary  to  maintain  possession  re- 
quired on  application.    4  L.  D..  221,  374  ;  Nos.  771,  104. 

I  low  proof  of  annual  expenditure  should  be  shown.  4  L.  D.,  221,  374;  Nos, 
771.  104. 

Annual  expenditure  required  on  each  located  placer  claim.  4  L.  D.,  223, 374  ; 
Nos.  771,104. 

Several  held  in  common  kept  alive  by  work  done  upon  one  of  them.  4  L. 
J).,  221 ;  No.  771. 

Relocation  of  claims  never  adjusted  to  the  public  survey  allowed.  4  L.  D., 
221  :  N0.77L 

The  word  "claim"  discussed.     5  L.  I).,  190  ;  No.  789b. 

Local  regulations  recognised.     5  L.  I).,  LSI  ;  No.  789. 

Failure  to  comply  with  local  regulations  matter  for  protest  or  adverse  suit 
5L  D.,  131  ;  No. 

Preliminary  proof  for  patent  must  show  the  claim  valid  at  application.  5  I* 
D.,  25;  No.  785. 

Notice  most  give  the  course  and  length  of  a  line  connecting  the  claim  with  a 
corner  of  the  public  surveys,  or  with  a  mineral  monument.  5  L.  D.,  085  ;  N". 
796. 

Failure  to  post  on  contiguous  mill-site  portion  of  claim  excused,  and  the  entry 
sent  to  the  Hoard  of  Equitable  Adjudication.    5  L.  D.,  613 ;  No.  703. 

How  the  period  for  filing  adverse  claims  mav  be  affected  by  the  date  of  post- 
ing.   5  L  D.,  510;  No.  792. 

Costing  for  < JO  days  sufficient  if  the  same  period  is  covered  by  publication. 
6  I.  D.,  610;  No.  792. 

In  giving  notice  of  application  the  required  period  of  time  must  be  covered 
by  each  form  of  notice.    B  L.  D.,  510;  No.  792. 


MATTHEWS'S    GUIDE.  185 

Annual  expenditure  for  claims  held  in  common.    5  L.  D.,  199 ;  No.  789b. 

Rirpose  of  survey  and  plats.    5  L.  D.,  199 ;  No.  789b. 

Survey  of,  should  exhibit  boundaries  and  conflicts.    5  L.  D.,  199  ;  No.  789b. 

Application  for  patent  or  survey  may  embrace  several  contiguous  locations. 
5  L.  D.,  199  ;  No.  789b. 

Appeal  not  accorded  to  protestant.    5  L.  D.,  93  ;  No.  787. 

Allegations  of  protest  should  receive  full  consideration.  5  L.  D.,  28 ;  No. 
786. 

The  right  of  a  co-owner  should  be  asserted  as  an  adverse  claimant.  5  L.  D., 
93  ;  No.  787. 

Both  a  water-right  and  a  mill-site  claim  may  be  located  on  the  same  tract  of 
land.    5  L.  D.,  190 ;  No.  789a. 

Actual  use  of  land  for  mining  or  milling  purposes  contemplated  by  section 
2337,  R.  8.    5  L.  D.,  190  ;  No.  789a. 

The  discovery  shaft  being  excluded,  the  applicant  must  show  the  existence 
of  mineral  on  the  remainder  of  the  claim.     5  L.  D.,  703  ;  No.  796. 

Provisions  of  circular  of  May  11, 1885,  extended  to  applications  prior  to  De- 
cember 4,  1884.    5  L.  D.,  468  ;   No.  126. 

COAL  LANDS. 

(Sections  2347,  2348,  2349,  2350,  2351,  and  2352  United  States  Revised  Statutes.} 

RULES   AND   REGULATIONS. 

Under  the  authority  conferred  by  said  section  2351  the  following  rules  ana 
regulations  have  been  issued  for  carrying  into  effect  the  provisions  of  said  law, 
addressed  by  the  Department  to  the  several  district  land  officers,  under  date  of 
July  31,  1882,  viz  : 

1.  Sale  of  coal  lands  is  provided  for — 

By  ordinary  private  entry  under  section  2347. 

By  granting  a  preference  right  of  purchase,  based  on  priority  of  possession 
and  improvement,  under  section  2348. 

2.  The  land  entered  under  either  section  must  be  by  legal  subdivisions,  as  made 
by  the  regular  United  States  survey.  Entry  is  confined  to  surveyed  lands ;  to 
such  as  are  vacant,  not  otherwise  appropriated,  reserved  by  competent  au- 
thority, or  containing  valuable  minerals  other  than  coal. 

3.  Individuals  and  associations  may  purchase.  If  an  individual  he  must  be 
twenty-one  years  of  age  and  a  citizen  of  the  United  States,  or  have  declared  his  in- 
tention to  become  such  citizen. 

4.  If  an  association  of  persons  each  person  must  be  qualified  as  above. 

5.  A  person  is  not  disqualified  by  the  ownership  of  any  quantity  of  other 
land,  nor  by  having  removed  from  his  own  land  in  the  same  State  or  Terri- 
tory. 

6.  Any  individual  may  enter  by  legal  subdivisions  as  aforesaid  any  area  not 
exceeding  one  hundred  and  sixty  acres. 

7.  Any  association  may  enter  not  to  exceed  three  hundred  and  twenty  acres. 

8.  Any  association  of  not  less  than  four  persons,  duly  qualified,  who  shall 
have  expended  not  less  than  $5,000  in  working  and  improving  any  coal  mine 
or  mines,  may  enter  under  section  2348  not  exceeding  six  hundred  and  forty 
acres,  including  such  mining  improvements. 

9.  One  person  can  have  the  benefit  of  one  entry  or  filing  only.  He  is  dis- 
qualified by  having  made  such  entry  or  filing  alone  or  as  a  member  of  an 
association.  No  entry  can  be  allowed  an  association  which  has  in  it  a  single 
person  thus  disqualified,  as  the  law  prohibits  the  entry  or  holding  of  more  than 
one  claim  either  by  an  individual  or  an  association. 

10.  Lands  that  are  sufficiently  valuable  for  gold,  silver,  or  copper  to  prevent 
their  entry  as  agricultural  lands  can  not  be  entered  as  coal  lands ;  and  you  will 
not  allow  any  entry  to  be  made  under  the  above-named  provisions  of  law  of 
lands  valuable  for  their  deposits  of  said  minerals. 


136  MATTIIKWSS    (UII)K. 

11.  The  present  rules  relative  to  "  bearings  to  establish  the  character  of  lands." 
contained  in  General  Land  Office  regulations  of  October  31,  1S81.  issued  under 
the  mining  laws,  will,  aa  far  as  applicable,  govern  your  action  in  determining 
the  character  Of  lands  sought  to  be  entered  as  coat  land. 

12.  The  [»ice  per  acre  is  $10  where  the  land  is  situated  more  than  fifteen 
miles  from  any  completed  railroad,  and  $20  per  acre  where  the  land  is  within 
fifteen  imli'.s  of  such  road.  The  price  of  the  land,  however,  must  be  determined 
by  it-  distance  from  a  computed  railroad  at  the  date  of  payment  and  entry 
irrespective  of  the  preference  ri'_rht  of  entry. 

IS.  When  application  is  made  to  purchase  coal  land  at  the  rate  of  $10  per 
aero  you  will  in  all  eases  require  satisfactory  proof  that  the  land  applied  for  is 
at  date  of  entry  situated  more  than  fifteen  miles  from  any  completed  railroad. 
This  proof  may  consist  of  the  affidavit  of  the  applicant,  or  that  of  his  duly 
authorized  agent,  corroborated  by  the  affidavit  of  some  disinterested  credible 
partv  -bowing  personal  knowledge  of  the  facts. 

14.  Where  the  land  lies  partly  within  fifteen  miles  of  such  road  and  in  jmrt 
Outride  such  limit,  the  maximum  price  must  bo  paid  for  all  legal  subdivisions  the 
greater  part  of  which  lie  within  fifteen  miles  of  such  road. 

15.  The  term  " completed  railroad  "  is  held  to  mean  one  which  is  actually 
constructed  on  the  face  of  the  earth  ;  and  lands  within  fifteen  miles  of  any 
point  of  a  railroad  so  constructed  will  be  held  and  disposed  of  at  (20  per  acre. 

16.  Any  duly  qualified  person  or  association  must  be  preferred  as  purchasers 
of  those  public  lands  on  which  they  have  opened  and  improved  or  shall  open  and 
improve  any  coal  mine  or  mines,  and  which  they  shall  have  in  actual  posses- 
sion. 

17.  Possession  by  agent  is  recognized  as  the  possession  of  the  principal. 
The  clearest  proof  on  the  point  of  agency  must,  however,  be  required  in  every 

and  a  clearly  defined  possession  must  be  established. 
IS.  The  opening  and  improving  of  &  coal  mine,  in  order  to  confer  a  prefer- 
ence right  of  purchase,  must  not  be  considered  aa  a  mere  matter  of  form  ;  the 
labor  expended  and  improvements  made  must  be  such  as  to  clearly  indicate 
th    good  faith  of  the  claimant. 

19.  These  lands  are  intended  to  be  sold,  where  there  are  adverse  claimants 
therefor,  to  the  party  who;  by  substantial  improvements,  actual  possession, 
and  a  reasonable  industry,  shows  an  intention  to  continue  his  development 
of  the  mines  in  preference  to  those  who  would  purchase  for  speculative  pur- 
po-e-  only.  With  this  view  you  will  require  such  proof  of  compliance with 
tic  law  when  lands  are  applied  for  under  section  2348  by  adverse  claimants  as 
the  circumstances  of  each  case  may  justify. 

20.  in  conflicts  where  improvements  have  been  or  shall  hereafter  be  com- 
menced priority  of  possession  and  improvement  shall  govern  the  award  when 
the  law  baa  been  fully  complied  with  by  each  party.  A  mere  possession,  how- 
ever, without  satisfactory  improvements,  will  not  secure  the  tract  to  the  first 
occupant  when  a  subsequent  claimant  shows  his  lull  compliance  with  the  law. 

21.  After  an  entry  has  been  allowed  to  one  party  you  will  make  no  investi- 
gation concerning  it  at  the  instance  of  any  person  except  on  instruction  from 
this  [General  band]  office.  You  will,  however,  receive  ail  affidavits  concerning 
such  ease  and  forward  the  same  to  this  [General  Land]  office, accompanied  by  a 
Statement  of  the  facts  as  shown  by  your  records. 

L'L'.  Prior  to  entry  it  i-  competent  for  you  to  order  an  investigation,  on  sutli- 
cient  grounds  set  fortli  under  oath  of  a  party  in  interest  and  substantiated  by 
the  affidavits  of  disinterested  and  credible  witnesses. 

MANNKK   OF   OBTAINING    TITLK. 

l\'!.  First.  When  title  is  sought  by  private  entry  the  party  will  himself  make  oath 
to  the  following  application,  which  must  be  presented  to  the  register. 

I, ,  hereby  apply,  under  the  provisions  of  the  Revised  Statutes 

of  the  United  States  relating  to  the  sale  of  coal  lands  of  the  United  States,  to 
purchase  the  quarter  of  section  ,  in  township  ,  of  range 


MATTHEWs's    GUIDE.  187 

,  in  the  district  of  lands  subject  to  sale;  at  the  land  office  at ,  and 

containing acres  ;  and  I  solemnly  swear  that  no  portion  of  said  tract  is 

in  the  possession  of  any  other  party;  that  I  am  twenty-one  yeara  of  age,  a 
citizen  of  the  United  States  (or  havedeclared  my  intention  to  become  a  citizen 
of  the  United  States),  and  have  never  held  nor  purchased  lands  under  said  act, 
either  as  an  individual  or  as  a  member  of  an  association;  and  I  do  further 
swear  that  I  am  well  acquainted  with  the  character  of  said  described  land,  and 
with  each  and  every  legal  subdivision  thereof,  having  frequently  passed  over' 
the  same;  that  my  knowledge  of  said  land  is  such  as  to  enable  me  to  testify 
understandably  with  regard  thereto;  that  said  land  contains  large  deposits  of 
coal  and  is  chiefly  valuable  therefor ;  that  there  is  not  to  my  knowledge  within 
the  limits  thereof  any  vein  or  lode  of  quartz  or  other  rock  in  place  bearing 
gold,  silver,  or  copper,  and  that  there  is  not  within  the  limits  of  said  land,  to 
my  knowledge,  any  valuable  deposits  of  gold,  silver,  or  copper.  So  help  me 
God. 


24.  Thereupon  the  register  if  the  tract  is  vacant  will  so  certify  to  the  receiver, 
stating  the  price,  and  the  applicant  or  his  duly  authorized  agent  must  then  pay 
the  amount  of  purchase  money. 

25.  The  receiver  will  then  issue  to  the  purchaser  a  duplicate  receipt,  and  at 
the  close  of  the  month  the  register  and  receiver  will  make  returns  of  the  sale 
to  the  General  Land  Office,  from  whence,  when  the  proceedings  are  found 
regular,  a  patent  or  complete  title  will  be  issued ;  and  on  surrender  of  the 
duplicate  receipt  such  patent  will  be  delivered,  at  the  option  of  the  patentee, 
either  by  the  Commissioner  at  Washington  or  by  the  register  at  the  district 
land  office. 

.  26.  This  disposition  at  private  entry  will  be  subject  to  any  valid  prior  adverse 
right  which  may  have  attached  to  the  same  land  and  which  is  protected  by 
section  2348. 

27.  Second.  When  the  application  to  purchase  is  based  on  a  priority  of  pos- 
session, etc.,  as  provided  for  in  section  2348,  the  claimant  must,  when  the  town- 
ship plat  is  on  tile  in  your  office,  file  his  declaratory  statement  for  the  tract 
claimed  sixty  days  from  and  after  the  first  day  of  his  actual  possession  and 
improvement.  Sixty  days,  exclusive  of  the  first  day  of  possession,  etc.,  must 
be  allowed. 

28.  The  declaratory  statement  must  be  substantially  as  follows,  to  wit  : 

I, ,  do  solemnly  swear  that  I  am years  of  age,  and  a  citi- 
zen of  the  United  States  (or  have  declared  my  intention  to  become  a  citizen  of 
the  United  States) ;  that  I  never  have,  either  as  an  individual  or  as  a  member 
of  an  association,  held  or  purchased  any  coal  lands  under  the  provisions  of  the 
Revised  Statutes  of  the  United  States  relating  to  the  sale  of  coal  lands  of  the 
United  States,  and  I   do   hereby  declare  my  intention   to  purchase,  under 

the  provisions  aforesaid,  the quarter  of  section ,  in  township ,  of 

range ,  of  lands  subject  to  sale  at  the  district  land  office  at  ,  and 

that  I  came  into  possession  of  said  tract  on  the day  of ,  A.  I).,  18—, 

and  have  ever  since  remained  in  actual  possession  continuously;  that  I  have 
located  and  opened  a  valuable  mine  of  coal  thereon,  and  have  expended  in 

labor  and  improvements  on  said  mine  the  sum  of dollars,  the  labor  and 

improvements  being  as  follows  :  [here  describe  the  nature  and  character  of  the 
improvements]  ;  and  I  do  furthermore  solemnly  swear  that  I  am  well  acquainted 
with  the  character  of  said  described  land,  and  with  each  and  every  legal  sub- 
division thereof,  having  frequently  passed  over  the  same  ;  that  my  knowledge 
of  said  land  is  such  as  to  enable  me  to  testify  understandingly  with  regard 
thereto  ;  that  there  is  not,  to  my  knowledge,  within  the  limits  thereof),  any  vein 
or  lode  of  quartz  or  other  rock  in  place  bearing  gold,  silver,  or  copper,  and  that 
there  is  not  within  the  limits  of  said  lands,  to  my  knowledge,  any  valuable  de- 
posit of  gold,  silver,  or  copper.    So  help  me  God, 


188  matthewb'b   '.i  IDE 

29.  When  the  township  plat  Lb  not  on  file  at  date  of  claimant's  first  pos>-e»- 
nion  the  declaratory  statement  must  be  filed  within  sixty  days  from  the  filing 
of  Buch  plat  in  your  office. 

90.  One  year  from  and  after  the  expiration  of  the  period  allowed  for  filing 
the  declaratory  statement  is  given  within  which  to  make  proof  ami  payment; 
hut  you  will  allow  no  party  to  make  final  proof  and  payment  except  on  no* 

tier  to  all  Othen  who  appear  on  your  records  as  claimants  to  the  same  tract. 

'M.  A  party  who  otherwise  complies  with  the  law  may  enter  o/r<-r  the  expira- 
tion  of  said  year,  provided  no  valid  adverse  right  shall  have  intervened.  lie 
postpones  his  entry  beyond  said  year  at  his  own  risk,  and  the  Government 
cannot  thereafter  protect  him  against  another  who  complies  with  the  law,  and 
the  value  of  his  improvements  can  have  no  weight  in  his  favor. 

:\'2.  Each  claimant  at  the  time  of  actual  purcliase  must  make  affidavit  as  fol- 
lows: 

1, ,  claiming  under  the  provisions  of  the  Revised  Statutes  of  the 

United  States  relating  to  the  sale  of  coal  lands  of  the  United  States,  the  right 

of  purchase  to  the quarter  of  section ,  in  township of  range 

,  subject  to  sale  at ,  do  solemnly  swear  that  I  have  never  had  the 

right  of  purphase  under  the  aforesaid  provisions  of  law  either  as  an  individual 
or  as  a  member  of  an  association,  and  that  I  have  never  held  any  other  lands 
under  its  provisions ;  I  further  swear  that  I  have  expended  in  developing  coal 

mines  on  said  tract  in  labor  and  improvements  the  sum  of dollars,  the 

nature  of  such  improvements  being  as  follows: ;  that  I  am 

now  in  the  actual  possession  of  said  mines,  and  make  the  entry  for  my  own  use 
and  benefit  and  not  directly  or  indirectly  for  the  use  and  benefit  of  any  other 
party  ;  and  1  do  furthermore  swear  that  I  am  well  acquainted  with  the  charac- 
ter of  said  described  land,  and  with  each  and  every  legal  sub-division  thereof, 
having  frequently  passed  over  the  same  ;  that  my  know  ledge  of  said  land  is  such 
as  to  enable  me  to  testify  understanding^-  with  regard  thereto  ;  that  the  same  is 
chiefly  valuable  for  coal ;  that  there  is  not,  to  my  knowledge,  within  the  limits 
thereof,  any  vein  or  lode  of  quartz  or  other  rock  in  place  bearing  gold,  silver, 
or  copper,  and  that  there  is  not  within  the  limits  of  said  land,  to  my  know- 
ledge, any  valuable  deposit  of  gold,  silver,  or  copper.    So  help  me  God. ' 

33.  The  application,  declaratory  statement,  and  the  affidavit  required  at  the 
time  of  actual  purchase,  the  forms  of  which  are  given  above  under  paragraphs 
23,  28,  and  32,  may  be  sworn  to  before  any  officer  authorized  by  law  to  admin- 
ister oaths,  but  the  authority  of  such  officer  must  be  properly  shown. 

34.  Any  party  duly  qualified  under  the  law,  after  swearing  to  his  application 
or  declaratory  statement,  may,  by  a  sufficient  power  of  attorney  duly  executed 
under  the  laws  of  the  State  or  Territory  in  which  such  party  may  then  be  re- 
siding,  empower  an  agent  to  file  with  the  register  of  the  proper  land  oilice  the 
application,  declaratory  statement,  or  affidavit  required  at  the  time  of  actual 
purchase,  and  also  authorize  him  to  make  payment  for  an  entry  of  the  land  in 
the  name  of  such  qualified  party  ;  and  when  .Mich  power  of  attorney  shall  have 
been  filed  in  your  office  you  will  permit  such  agent  to  act  thereunder  as  above 
indicated. 

85.  Where  a  claimant  shows  by  affidavit  that  he  is  not.  personally  acquainted 
with  the  character  of  the  land,  his  duly  authorized  agent  who  possesses  such 
knowledge  may  make  the  required  affidavit  as  to  its  character;  but  whether 
this  affidavit  is  made  by  principal  or  agent  it  must  be  corroborated  bv  the  affi- 
davit-- of  two  disinterested  and  credible  witnesses  having  knowledge  of  its 
character. 

:;ii.  Nothing  in  these  regulations  shall  be  so  construed  as  to  prevent  a  party 
from  proving  bifi  citizenship  or  age,  or  establishing  the  status  of  the  lands 
BOUght  to  be  entered,  in  accordance  with  ordinary  rules  of  evidence,  and  any 
proof  regularly  introduced  for  that  purpose  that  would  be  competent  in  a  court 
or  before  a  commissioner  charged  with  the  ascertainment  of  facts  may  be  con- 
sidered. 


MATTHEWS 'S    MM  Hi..  180 

37.  Assignments  of  the  right  to  purchase  will  bo  recognized  when  properly 
executed.  Proof  and  payment  must  be  made,  however,  within  the  prescribed 
period,  which  dates  from  the  first  day  of  the  possession  of  the  assignor  who 
initiated  the  claim. 

COAL    LAND   RULINGS. 

Price  of  dependent  upon  its  distance  from  a  completed  railroad  at  date  of 
entry,  irrespective  of  the  preferred  right  of  en'ry.     1  L.  D.,  540  ;  No.  OSS. 

And  iron  lands  in  Alabama  ;  circular  of  April  9,  18S3.     1  L.  1).,  655 ;  No.  G4. 

Sale  of;  circular  of  July  31,  1882.     1  L.  D.,  687  ;  No.  47. 

A  filing  appropriates  the  land  and  bars  subsequent  applications.  2  L,  D., 
728 ;  No.  727. 

The  declaratory  statement  and  affidavit  must  be  made  by  the  applicant  him- 
self; subsequently  certain  proofs  and  acts  may  be  made  by  an  agent;  where 
the  declaration  was  improperly  made  by  an  agent,  in  the  absence  of  adverse 
filing  or  conflict  it  may  be  made  by  applicant  himself  nunc  pro  tunc.  1  L.  D., 
735  f  No.  74G. 

Where  A  filed  and  assigned  to  a  company,  the  company  mav  enter  as  assig- 
nees.   2  L.  D.,  728  ;  No.  727. 

The  law  only  requires  that  no  member  of  a  company  shall  be  interested  in 
other  land  claimed  or  owned  under  the  coal  law  at  date  of  the  entry.  2  L.  D., 
72:);  No.  727. 

Price  of,  depends  upon  the  proximity  of  the  land  to  a  completed  railroad  at 
the  date  of  payment  and  entry,  irrespective  of  the  question  of  preferred  right 
of  entry.    2  L.  D.,  733 ;  No.  725. 

Price  of,  within  fifteen  miles  of  a  completed  railroad,  is  not  affected  by  the 
fact  that  there  is  an  inaccessible  range  of  mountains  between  the  lands  and 
the  railroad.     2  L.  D.,  783  ;  No.  725. 

Where  the  public  surveys  were  erroneously  extended  over  part  of  the  Ute 
reservation  (west  of  the  107th  meridian),  and  persons  went  upon  the  land  and 
filed  prior  or  subsequently  to  its  suspension  from  sale  on  October  7,  1S80,  they 
were  trespassers  until  the  act  of  July  28, 1SS2,  legalized  their  occupancy  ;  the 
completion  of  a  railroad  meanwhile  within  fifteen  miles  of  the  land  enhanced 
its  value.    2  L.  D.,  733 ;  No.  725. 

Coal  lands  are  not  mineral  lands  within  the  meaning  of  the  act  of  June  3,, 
187S  (timber-cutting).    2  L.  D.,  827  ;  No.  2044. 

Must  be  entered  by  legal  subdivisions.    3  L.  D.,  65;  No.  751. 

There  is  no  authority  for  segregating  the  coal  from  the  other  land  within  a 
legal  subdivision.    3  L.  D.,  65  ;  No.  751. 

That  coal  may  be  found  upon  land  claimed  by  a  pre-ernptor,  is  immaterial 
if  such  mines  are  not  known.    3  L.  D.,  172  ;  No.  741. 

Prior  possession,  without  filing,  will  not  avail  as  against  an  adverse  claimant 
who  has  complied  with  the  law.    4  L.  D.,  96 ;  No.  766. 

Covered  by  a  homestead  entry  on  March  3, 1883,  must  be  publicly  offered  on 
the  cancellation  of  such  entry  (Alabama).    4  L.  D.,  367 ;  No.  779. 

Proof  as  to  character  of  land  must  show  the  actual  production  of  mineral.  5 
L.  D.,  126 ;  No.  788. 

Proof  that  adjoining  lands  have  produced  coal  not  sufficient.  5  L.  P.,  126;. 
No.  788. 

Proximity  to  a  city  does  not  affect  claim.    5  L.  D.,  126 ;  No.  7SS. 

Each  member  of  the  association  must  show  qualification.  5  L.  I).,  224  ;  No. 
790. 

Entry  of,  disallowed  as  inconsistent  with  original  claim.    •">  L.  D.,  224 ;  No.  791. 

AMENDMENTS. 

The  Land  Department  has  always  permitted  the  amendment  of  an  entry  in 
the  sense  of  the  correction  of  an  incorrect  record  (where  an  error  had  been 
made  whereby  the  record  failed  to  describe  correctly  the  land  which  the  claim- 


t'.MI  MAT!  Ill  \\>-     QUIDS, 

ant  intended  to  enter),  provided  oo  superior  adverse  ridit  intervened  prior  to 
pplication  to  amend.  (Daniel  Keeee,5  I..  D., 
Application  by  a  party  Gar  amendment  of  an  entry  or  filing  should  be  made 
through  the  register  and  receiverof  the  proper  district  land  office,  accompanied 
by  his  affidavit,  corroborated  by  that  of  disinterested  witnessesB,  when  possible, 
and  any  other  e^  Ldence  available,  showing  the  error,  and  how  made,  what  efforts 
were  made  to  avoid  error,  any  improvements  made  on  the  land,  and  any  other 
facts  of  a  nature  to  strengthen  the  claim.  The  register  and  receiver  in  transmit- 
ting the  application,  and  accompanying  papers  for  the  action  of  the  General  Land 
Office,  must  pve  their  joint  opinion  as  to  the  existence  of  the  mistake,  and  the 
credibility  of  the  witnesses  testifying  thereto.    (Christopher  Nitschka,  7  L.  D.. 

Amendments  mother  classes  of  cases  are  allowed  on  liberal  principles  as 
shown  in  the  rulings  subjoined 

amendment  ruling8. 
Application. 

Of  homestead  application,  irregular  because  executed  while  land  was  appro- 
priated, allowed  (there  being  no  adverse  claim).     2  L.  D.,  270  ;  No.  1810. 

Timber-culture  application,  erroneous  in  form  (naming  wrong  act)  and  re- 
turned for  correction,  takes  effect  as  of  the  date  upon  which  it  was  first  re- 
ceived.   2L.D..44;  No.  327. 

Timber-culture  application  may  not  be  altered  or  amended  by  an  attorney, 
mi  as  to  include  a  different  tract.    2  L.  D.,  201 ;  No.  1845. 

Coal  land  application,  improperly  made  by  an  agent,  may,  in  absence  of  ad- 
verse filing  or  complaint,  be  made  nunc  pro  tunc.    2  L.  D.,  735  ;  No.  740. 

J'ue-Emition  Filing. 

-  ii  lenient  was  made  March,  1881,  followed  by  residence  and  improvement, 
and  filing  was  made  by  mistake  for  the  wrong  tract ;  amendment  applied  for 
in  May,  1882,  will  not  be  allowed  where  adverse  entry  (homestead)  was  made 
in  August,  1881,  followed  by  residence  and  improvement.  2  L.  D.,  676;  No. 
1109. 

Of  filings  may  only  be  allowed  subject  to  intervening  adverse  rights;  cases 
cited.    2  L  D., 38, 577;  Noa.  310,  1109. 

Homestead    Entry. 

Prohibited  alter  acquisition  of  an  adverse  right  to  the  tract.  2  L.  D.,  38,577  ; 
HO,  L109. 

Allowed  alter  contest  commenced,  where  the  tract  was  by  mistake  entered 
as  an  original  instead  of  an  adjoining  farm  homestead.    2  L.  1'.,  38;  No.  378. 

Wli  iv  s  ittier  entered  the  wrong  tract  by  mistake,  and  failed  to  reside  on 
eitlii  r  tract  l>y  reason  of  his  wife's  Bickness,  he  may  amend  Boasto  embrace  the 

tract  originally  selected  if  no  adverse  rights  have  meanwhile  attache.)  to  it.     2 

1  D.,  170:  No.  324, 

Where  one  enter- a  tract  by  mistake  and  intentionally  settle-  on  and  im- 
proves another  tract,  prior  to  ad  Of  May  14,  1880,  he  must  amend  his  entry  be- 
for  ■  i iit   rvention  Of  a  valid  adverse  right  (pre-emption  settlement  and  til 

2  L.  !»..  575  ;  No.  10 

Where  amendment  is  authorized,  Bixty  days  only  are  allowed  lor  making  it. 
2  L  !>.,  206:  No.  G8a. 

Allowed  for  adjacent  land  whereon  the  entryman  hadaccidentlycut  timber. 
2  L  l>..  808;  No.3  ». 

An  amended  entry  founded  on  a  misrepresentation  of  the  tacts  Bhould  be 
canceled.    2  L  D.,676;  No.  L085. 

Tl.Ml::  iky. 

Refused,  where  another  entry  on  the  land  had  been  allowed  ;  but  in  \  ieu  of 
the  equities  a  second  entry  is  permitted.     2  L.  !>..  253;   No.  1804. 


MATTHEWS'S    GUIDE.  191 

Entry  was  held  for  cancellation  in  May,  1879,  because  of  illegality,  in  that  it 
embraced  lands  in  sections  14  and  23,  with  privilege  of  amending  by  including 
a  contiguous  tract  in  either  section,  but  neither  appeal,  cancellation,  nor  amend- 
ment was  made;  in  July,  1879,  a  railroad  withdrawal  embraced  section  23) and 
in  1880  the  entryman  made  a  new  entry  including  the  tract  originally  entered 
and  a  contiguous  tract  in  section  23 ;  held  that  the  second  entry  was  an  amend- 
ment of  the  first  and  valid.    2  L.  D.,  852  ;  No.  1844. 

Contest  Papers. 

The  liberal  policy  of  the  several  States  in  respect  to  amendments  in  judicial 
proceedings  will  be  recognized  and  adopted  by  the  Land  Department,  in  so  far 
as  the  amendment  does  not  affect  rights.    2  L.  D.,  39  ;  No.  405. 

A  motion  to  dismiss  for  informalities  in  the  affidavit  should  be  granted,  or 
amendment  allowed.    2  L.  D.,  217,  221 ;  Nos.  1822,  873. 

The  omission  to  file  an  application  for  the  land  in  a  timber-culture  contest 
may  be  remedied  prior  to  or  at  the  hearing,  if  no  other  right  has  intervened. 
2  L.  D.,  29G,  319 ;  Nos.  1842,  1860,  but  see  circular  June  27,  1887,  No.  135. 

Where  affidavit  (against  timber  culture  entry)  is  executed  prematurely,  but 
filed  at  the  proper  time,  it  may  be  amended.    2  L.  D.,  249  ;  No.  1S59. 

A  defective  affidavit  of  contest  (lacking  corroborating  affidavit)  returned  by 
the  local  officers  for  amendment,  and  duly  amended,  will  be  regarded  as  filed, 
so  as  to  bar  another  contest.    2  L.  D.,  39,  210  ;  Nos.  405,  342. 

The  insertion  by  an  attorney  of  the  date  of  entry  (timber-culture)  in  a  blank 
form  for  contest,  after  the  execution,  is  permissible.    2  L.  D.,  250 ;  No.  1840. 

Local  officers  should  carefully  examine  the  contest  papers,  point  out  their 
-defects,  and  allow  immediate  amendment.    2  L.  D.,  260 ;  No.  1796. 

With  regard  to  amendment,  or  second  entry  in  lieu  of  amendment,  see  Pre- 
emption, Homestead,  and  ■Timber-Culture  Rulings. 

NATURALIZATION. 

[From  United  States  Land  Office  circular  of  October  1,  1871.] 

The  policy  of  admitting  foreigners  to  the  rights  and  privileges  of  citizenship 
is  no  longer  problematical.  It  has  been  tested  by  an  experience  of  over  three- 
quarters  of  a  century.  The  rapid  extension  of  our  western  settlements  is 
largely  due  to  the  influx  of  foreign  immigration.  The  United  States  is  the 
favorite  land  of  the  emmigrant.  Other  countries  present  equal  attractions,  in 
the  natural  advantages  of  soil,  climate,  and  position,  but  have  never  yet  attrac- 
ted immigration  to  such  an  extent  as  this — in  a  great  measure  owing  to  the  fa- 
cilities for  obtaining  fertile  lands  in  this  country  at  cheap  prices. 

As  aliens  cannot  avail  themselves  of  the  advantages  and  privilegesderived 
from  the  homestead  and  pre-emption  laws  to  acquire  title  to  the  public  lands, 
privileges  restricted  to  citizens  or  those  who  have  declared  their  intention  of 
becoming  such,  it  is  important  that  foreigners  seeking  identification  with  the 
American  community  should  be  advised  of  the  legal  steps  necessary  to  acquire 
citizenship. 

Any  free  alien  over  the  age  of  twenty-one  years  may,  at  any  time  after  his 
arrival,  declare  before  any  court  of  record  having  common  law  jurisdiction 
{with  a  clerk,  and  prothonotary,  and  seal)  his  intention  to  become  a  citizen, 
and  to  renounce  forever  all  foreign  allegiance.  The  declaration  must  be  made 
at  least  two  years  before  application  for  citizenship.  At  (he  expiration  of  two 
years  after  such  declaration,  and  at  any  time  after  five  years'  residence,  flu- 
party  desiring  naturalization,  if  then  not  a  citizen,  denizen,  or  subject  of  any 
country  at  war  with  the  United  States,  must  appear  in  a  court  of  record,  ami 
there  be  sworn  to  support  the  Constitution  of  the  United  States,  and  renounce 
all  foreign  allegiance.  If  he  possessed  any  title  or  order  of  nobility,  it  must 
also  be  renounced,  and  satisfactory  proof  produced  to  the  court  by  the  tefti 
mony  of  witnesses,  citizens  of  the  United  States,  of  the  five  years'  residence  in 


19:2  UATTHKWs'd    '-run:. 

this  country,  one  year  of  which  must  be  wit  hi  u  the  State  or  Territory  where 
the  court  is  In  M,  and  that  during  the  period  of  five  years  the  applicant  ■ 

I  moral  character,  and  attached  to  the  principles  or  the  Con  titu- 
ti.m;  whereupon  he  will  be  admitted  to  citizenship,  and  thereby  his  children 
under  twenty-one  years  of  age,  if  dwelling  within  the  United  States,  will  also 
be  regarded  a-  citizens. 

When  an  alien  has  made  bis  declaration  and  dies  before  being  actually  nat- 
uralized, the  widow  and  children  become  citizens  of  the  United  States,  and 
arc  entitled  to  all  rights  and  privileges  as  Buch,  upon  taking  the  prescribed 
oath-. 

Any  alien,  being  a  minor,  and  under  the  age  of  twenty-one  years  at  time  of 
arrival;  who  has  resided  in  the  country  three  years  next  preceding  his  major- 
ity, may,  after  reaching  such  period,  and  a  five  years'  residence  (including  the 
three  years  of  his  minority),  be  admitted  to  citizenship  without  a  previous 
declaration  of  int  mtion,  pro\  ided  he  then  flies  such  declaration,  averring  also, 
on  oath,  and  proving  to  the  court,  that  for  the  past  three  year-  it  has  been  his 
intention  to  become  a  citizen,  and  also  showing  the  fact  of  his  residence  and 
go    1  character. 

Children  of  citizens  of  the  United  State-,  born  out  of  the  country,  are 
deemed  citizens ;  the  right,  however,  not  descending  to  persons  whose  fS  I 

r  resided  in  the  country;  and  any  woman,  who  might  legally  be  natural- 
ized, married  to  a  citizen  of  the  United  state-,  is  he!  1  to  possess  citizenship. 

An  alien  twenty-one  years  and  over,  who  enlists  in  the  regular  oi  volunteer 

armies  of  the  United  state-,  and  is  honorably  discharged  therefrom,  may  be 

admitted  to  citizenship  up  >n  his  simple  petition  and  sati  -factory  proof  of' one 

residence  prior  to  hi-  application,  accompanying  the  same  with  proof  of 

moral  character  and  honorable  dischar  je. 

Recent  conventions  with  several  European  powers  have  established  that  a 
naturalized  citizen  of  the  United  States  is  free  from  all  allegiance  to  his  former 
Government. 

NATURALIZATION    RULINGS. 

Record  of  court  without  clerk  not  received  as  evidence  of.  1  L.  D.,  Gl  ;  No. 
249;  see  No-.  1 56,  MOO. 

Through  the  father's  act.  during  the  Bon's  minority,  requires  the  lait  :'•  resi- 
dence, at  such  time,  to  he  within  t lie  Unite  1  Slat  •-.      1   I..  D.,  66;  No.  254. 

In  the  matter  of,  in  Ohio,  the  probate  court  may  be  presumed  to  have  a  dork 
1  L.D.,83;  No.  270;  see  Nos.486,  1500. 

<  rcneral  statutes  of,  are  not  applicable  to  Indians.    1  L.  I).,  4'.)1  ;  No.  1040. 

The  daughter  of  an  alien  who  after  filing  his  d<  claration  of  intention  to  1>,-- 
COme  a  citizen,  died  before   taking  out  final  papers,  is  deemed   a  citizen  upon 

taking  the  prescribed  oath;   before  doing  so,  she  may  initiate  a  pre-emption 

claim.     -1  L.  I).,  idl  ;  No.  L072. 

i-  effected  through  the  oath.    4  L.  D.,  Ill;  No.  486. 

Has  a  retroactive  effect.    4  L.  D.,  565 ;  No.  547;  seeNo.1180. 

M  iy  be  shown  by  copies  of  original  papers,  where  final  proof  is  made  before 
an  officer  of  a  court  of  record.    4  L.  I  >..  210:  No.  932  ;  sec  No.  988. 

Declaration  by  the  father,  during  the  minority  of  the  son,  does  not  confer 
citizenship  upon  the  son.    4  L.  D.,  116;  No.  1180. 

County  courts  of  Colorado  are  authorized  to  admit  an  alien  to  citizenship. 
4  L.  D.,  107,  842  ;  Noa.  488,  1500 


GENERAL  HINTS 


\ 


RELATIVE  TO 


GRANTS    OF    LAND    TO    AID    IN    THE    CONSTRUCTION    OF    RAIL 

ROADS. 


GENERAL  HINTS 

RELATIVE   TO 

GRANTS    OF    LAND    TO    AID    IN    THE    CONSTRUCTION    OF    RAIL- 
ROADS. 

The  acts  of  Congress  making  grants  to  aid  in  the  construction  of  railroada 
usually  contain  a  grant  of  the  right  of  way,  and  in  some  instances  privilege 
of  using  the  material  necessary  for  the  construction  of  the  road,  and  a  grant  of 
every  alternate  section  of  land  (designated  by  odd  or  even  numbers)  for  a  stated 
number  of  sections  in  width  on  each  side  of  the  line  of  the  road  as  definitely 
fixed,  with  provision  for  indemnity  for  land  sold,  reserved,  or  to  which  the 
right  of  pre-emption  or  homestead  had  attached  at  the  date  said  line  is  defi- 
nitely fixed. 

In  some  cases  provision  is  made  for  the  withdrawal  from  disposition  of  lands 
within  the  limits  prescribed  upon  the  filing  of  a  map  of  general  route,  which 
reserves  the  lands  until  the  road  is  definitely  fixed. 

The  acts  making  such  grants  date  back  to  September  20,  1850,  (9  Stat.,  45G,) 
which  is  a  grant  to  the  States  of  Illinois,  Mississippi,  and  Alabama  for  the  bene- 
fit of  the  Illinois  Central  and  Mobile  and  Ohio  River  railroads. 

It  was  the  custom  in  the  administration  upon  the  early  grants  to  direct  the 
withdrawal  of  all  the  lands  liable  to  be  included  within  the  limits  of  the  grants 
made,  either  just  before  or  directly  after  the  passage  of  the  acts,  and  later  dia- 
grams were  prepared  showing  the  limits  as  established  by  the  acts,  and  lands 
foiling  without  said  limits  were  restored,  and  any  not  included  withdrawn. 

Such  withdrawals  were  generally  no  bar  to  settlement  claims,  which  were 
admitted  until  the  route  was  definitely  fixed. 

DETERMINATION    OF    LIMITS. 

In  the  preparation  of  diagrams  the  lateral  limits  of  a  grant  are  determined 
by  drawing  lines  on  each  side  of  the  line  of  the  road  through  a  series  of  points 
at  the  precise  distance  therefrom  of  the  width  of  the  grant  on  tangential  lines  to 
arcs  having  a  radius  equal  to  the  width  of  the  grant  on  each  side  of  the  road. 

By  this  system  any  point  on  the  lateral  limit  will  be  distant  the  length  of 
such  radius  from  some  point  on  the  road  as  located. 

This  system  has  been  invariably  followed  since  1850. 

WHEN    BIGHT   ATTACHES    TO    LANDS   WITHIN   THE   PRIMARY   OR  GRANTED    LIMITS. 

The  first  opinion,  as  to  when  the  right  of  the  roads  attached,  is  that  of 
December  19,  1856,  by  C.  dishing,  Attorney-General,  in  which  he  held,  refer- 
ring to  the  act  of  May  15, 185(3,  granting  lands  to  the  State  of  Iowa  for  railroad 
purpose,  "  the  act  by  its  text,  makes  a  conditional  grant  in  prsesentiiin  the 
nature  of  a  jloat,  and  which  does  not  attach  to  any  particular  parcel  of  the 
public  land  until  the  necessary  determinative  lines  shall  have  been  fixed  on  the 
face  of  the  earth." 

This  was  generally  followed  and  the  rijjrht  was  held  to  have  attached,  upon 
survey  in  the  field,  until  the  decision  of  the  United  States  Supreme  Court,  in 
the  case  of  Van  Wyck  vs.  Knevals,  (10(i  U.  S.,  360),  in  which  it  was  held  that  the 

195 


190  MATTHEWS 's    GUIDE. 

route  urnst  bo  considered  definitely  fixed  when  it  has  ceased  to  bo  the  subject 
of  change  at  the  volition  of  tbe  company.    Until  the  map  is  filed  with  the 

tary  of  tin-  Interior  the  company  is  at  liberty  to  adopt  sucli  a  route  as  it 
may  deem  best,  after  an  examination  of  the  ground  has  disclosed  the  feasibility 
and  advantages  of  diflerent  lines.  But  when  a  route  is  adopted  by  the  com- 
pany and  a  map  designating  it  is  filed  with  the  Secretary  of  the  Interior  and 

ted  by  that  officer,  the  route  i-  established;  it  is,  in  the  language  of  the 
act    definitely  fixed,"  and  cannot  he  the  subject  of  future  change  so  as  to  affect 
the  grant,  except  upon  legislative  consent." 
This  decision  has  since  been  followed. 

LANDS    EXCEPTED    FROM    T1IK   GRANT. 

A  homestead  entry,  made  by  a  person  duly  qualified,  which  is  in  all  respects 
regular  and  legal,  excepts  the  land  covered  thereby  from  the  operation  of  a 

railroad   grant   attaching   during    the   existence   of  such    entry.      It   will  be 
notice. 1  that  the  entry  must  be  in  all  respects  regular  and  legal,  and  where 
allegations  were  presented  by  tin-  company  tending  to  show  fraud  or  irregular- 
ity in  the  initiation  of  the  entry,  opportunity  was  afforded  the  company  to 
present  proof  thereof,  and  if  sufficient,  secured  the  cancellation  of  the  entry, 
and  the  tract  was  in  id  to  inure  to  the  grant, 
This  rule  prevailed  until  in  February,  1883,  when  it  was  held  thatahome- 
I  entry,  valid  on  its  lace,  subsisting  at  the  date  the  grant  took  effect,  ex- 
oepted  the  land  embraced  thereby  from  such  grant.    (Graham  vs.  Hastings  and 
Dakota  Railroad  Company,  1st  Land  Decisions, 380.) 
Th  icase  of  the  Kansas  Pacific  Railway  Company  vs.  Dunmeyer,  (11:5  U.S., 
followed,  holding  that  land  covered  by  homestead  or  pre-emption  entry  at 
the  date  the  right  of  tic  road  attached,  did  not  come  within  the  grant, and  the 
subsequent  failure  of  the  person  making  such  claim  to  comply  with  the  law 
does  not  cause  the  land  to  revert  to  the  company  and  become  part  bf  its  grant. 
_  As  to  a  pre-emption  claim  which  may  have  existed  to  a  tract  of  land  at  the 
time  of  the  attachment,  of  a  railroad  giant,  if  subsequently  abandoned  and  not 
consummated,  even  though  in  all  respects  legal  and  bona  fide,  it  would  not  operate 
to  defeat  the  grant,  it  being  held  that  upon  the  failure  of  such  claim  the  land 
covered  thereby  inured  to  the  grant  as  of  the  date  when  such  grant  became 
elective. 

Under  this  ruling,  therefore,  no  hearing  could  be  ordered  for  the  purpose  of 
ascertaining  the  facts  respecting  the  settlement,  occupation,  improvement  of 
the  land  by  such  pre-emption  claimant,  for  even  if  such  facts  were  established 
it  must  be  held  that  the  land  inures  to  the  grant  (See  circular  relative  to  ad- 
justment of  railroad  grants,  1S7!).) 

This  rule  prevailed  until  the  decision  in  the  case  of  Perkins  t».  Central  Pacific 
li.  Ii.  Co.,  (1st  Land  Decisions,  357,)  when  it  was  held  : 

"  These  grants  to  railroads  are  present  grants;  when  they  take  effect  they 
operate  ,<>  mttanU  upon  the  lands  within  the  granted  limit.-.  "  The  grant  is  not 
held  in  abeyance  to  await  the  default  of  settler-,  hut  the  title  rests  or  docs  not 
vest  at  once;  and  so  far  as  regards  the  land  in  which  the  title  does  not  vest  at 
once,  the  claim  of  the  company  is  at  an  end.  If  the  grant  i-  a  present  one, 
and  tie-  title  does  not  vest  when  thegrant  takes  effect,  it  cannot  ve-t  afterward. 
"  It  was  the  intention  of  Congress  that  only  such  unoccupied  lands  as  wore 
not  held  under  any  claim  recognized  by  the  Government,  should  pass  under 
the  grant 

"The  lands,  therefore,  in  those  sections  to  which  the  pre-emption  and  home- 
stead claim  had  attached  at  tin;  time  the  line  of  the  mad  was  fixed,  were  not 
granted  at  all.  It  was  not  a  grant  of  the  entire  odd  sections,  subject  to  pre- 
emption and  homestead  claim-  thereon  ;  but  the  grant  did  not  touch  the  lands 

to  which  these  claims  had  attached." 

After  tin-  decision  in  the  Dunmeyer  case,  before  referred  to,  the  tendency  of 
the  decisions  was  towards  elevating  a  filing  (a  mere  declaration)  to  the  same 

dignity  as  a  homestead  entry,  but  it  was  not  until  the  decision  in  the  case  of 


mattSews's  guide.  197 

Malono  ve.  Union  Pacific  Ry.  Co.,  (7th  Land  Decisions,  13), that  it  was  announced 
that  "  the  existence  of  a  prima  facie  valid  pre-emption  filing  at  the  date  when 
the  right  of  the  road  attached,  excepts  the  land  covered  thereby  from  the 
operation  of  the  grant." 

INDEMNITY   LANDS. 

In  the  withdrawal  of  lands  under  a  grant,  lands  within  the  indemnity 
limit,  or  lieu  lands,  were  withdrawn  at  the  same  time  as  were  the  coterminous 
granted  lands,  and  the  same  general  principles  were  applied  to  them  as  to  the 
granted  lands,  i.  e.,  their  right  was  held  to  have  attached  in  the  indemnity 
limits,  at  the  same  time  as  within  the  granted  limits. 

This  practice  continued  until  the  decision  in  the  case  of  Michael  Ryan  vs. 
Central  Pacific  Railroad  Company,  (99  U.  S.  382),  which  held  with  respect  to 
"lieu  lands"  that  the  right  was  only  a  float,  and  attached  to  no  specific  tracts 
until  the  selection  was  actually  made  in  the  manner  prescribed. 

Prior  to  the  passage  of  the  act  of  July  1, 18G4,  (13  Stat.,  335),  the  companies 
were  not  required  to  make  selections,  the  lists  for  approval  or  patent,  were 
made  up  in  the  General  Land  Office  from  the  tract  books.  By  said  act  a  fee 
was  allowed  the  register  and  receiver  upon  the  location  of  lands  by  States  and 
corporations  under  grants  from  Congress  for  railroads  and  other  purposes, 
(except  for  agricultural  colleges),  and  it  became  necessary  to  make  formal 
selections.  In  the  early  adjustment  of  the  grants  for  railroads,  indemnity  was 
allowed  for  all  lands  sold,  reserved,  or  disposed  of  within  the  granted  limits, 
whether  such  sale,  reservation,  or  disposal  occurred  before  or  after  the  grant- 
ing act,  but  by  the  decisions  based  on  that  in  the  case  of  the  Leavenworth, 
Lawrence  and  Galveston  R.  R.  Co.  vs.  United  States  (2  Otto,  733),  it  was  held 
that  indemnity  can  only  be  allowed  for  lands  sold,  reserved,  or  disposed  of  in 
the  granted  limits  after  the  granting  act,  and  prior  to  the  time  when  the  rail- 
road right  attached,  unless  the  grant  was  one  of  quantity  specifically  set.  forth 
in  the  act,  and  it  consequently  became  necessary  to  know  for  what  lands  in 
place  the  indemnity  selections  were  made,  so,  by  the  circular  relative  to  the  ad- 
justment of  railroad  grants  (1879)  the  registers  and  receivers  were  directed  to 
require  the  companies  to  designate  the  specific  tracts  for  which  the  lands 
selected  are  claimed. 

The  only  exception  to  this  requirement  that  the  losses  should  be  designated 
in  making  indemnity  selection  after  1879,  was  that  in  favor  of  the  Northern 
Pacific  Railroad  Company.  May  28,  1883,  the  Secretary  of  the  Interior,  hav- 
ing a  desire  to  open  for  settlement  as  speedily  as  possible  all  lands  within  the 
inuemnity  limits  of  the  grant  for  said  company  not  actually  required  to  supply 
the  losses  within  the  granted  limits,  in  order  to  facilitate  the  work  of  making 
selections,  directed  that  the  local  officers  be  instructed,  when  clear  lists  of 
selections  are  filed  and  approved  by  them,  that  said  lists  should  at  once  be 
marked  on  their  books  and  forwarded  for  final  examination,  leaving  the  ascer- 
tainment of  the  lands  lost  in  place  to  the  General  Land  Office. 

Under  the  circular  of  August  4,  1885,  the  registers  and  receivers  were  direc- 
ted before  admitting  railroad  indemnity  selections  in  any  case  to  require  pre- 
liminary lists  to  be  filed  specifying  the  particular  deficiencies  for  which  indem- 
nity is  claimed,  and  where  indemnity  selections  have  heretofore  been  made 
without  specification  of  losses,  to  require  the  companies  to  designate  the  defi- 
•ciencies  for  which  such  indemnity  is  to  be  applied  before  further  selections  are 
allowed. 

This  general  statement  as  to  the  requirements  in  making  indemnity  selections 
is  necessary  to  determine  what  selections  were  actually  made  in  the  manner 
prescribed. 

The  orders  of  withdrawal  of  lands  for  the  following  roads,  as  to  the  indem- 
nity limits,  have  been  revoked,  and  the  lands,  except  those  covered  by  approved 
selections,  have  been  restored  to  the  public  domain  : 


10s  MATTHEWS'a    GUIDE. 

\ame  of  Road.  Date  <•(  urtl.T  of 

u     ■■  ution, 

Alabama  and  Chattanooga  Railroad August  15,  iss7 

Atlantic  ami  Pacific  Railroad August  18,  1887 

California  and  Oregon  Railroad August  15,  1887 

Chicago,  St  Paul,  Minneapolis  and  Omaha  Railway August  17,  iss7 

Dalles  Military  Road August  i">,  1887 

Flintand  Pere  Marquette  Railroad August  15,  1887 

Florida  Railway  ami  Navigation August  R>,  1887 

Gulf  and  Ship  Island  Railroad August  15,  1887 

Marquette,  Houghton  and  Ontonagon  Railroad August  15,  1887 

Missouri,  Kansas  and  Texas  Railway August  17,  1887 

Mobile  and  Girard  Railroad August  15,  iss7 

New  Oilcans  Pacific  Railway August  15,  1  v>7 

Northern  Pacific  Railroad August  15,  1887 

Oregon  and  California  Railroad August  l~>,  1887 

Oregon  Central  Wagon  Road August  15,  1887 

sacola  and  Atlantic  Rail  mad August  R>,  1887 

St.  Louis,  Iron  Mountain  and  Southern  Railway August  15,  1887 

St.  Raul  and  Dulutb   Railroad '. August  15,  1887 

Southern  Pacific  Railroad August  15,  1887 

Tennessee  and  Coosa  Railroad August  15,  'ss7 

Vicksburgand  Meridian  Railroad August  15,  1887 

Vicksburg,  Shreveport  and  Pacific  Railroad August  15,  iss7 

Wisconsin  Central    Railroad August  15,  lcs7 

Wisconsin  Farm  Mortgage August  17,  iss7 

Burlington  and  Wisconsin  River  Railroad December  !•">,  1887 

Chicago,  Rock  Island  and  Pacific  Railroad December  15,  1887 

Dubuque  and  Sioux  City  Railroad December  i">.  iv-'7 

Iowa  Falls  and  Sionx  City  Railroad December  15,  is^7 

Florida,  Atlantic  and  Gulf  Central  I  Jail  road December  15,  I 

Pensacola and  Georgia  Railroad December  c>.  ivs7 

Alabama  and  Florida  Railroad December  I">,  1887 

Tennessee  and  Coosa  Railroad December  i">,  1887 

South  and  North  Alabama  Railroad December  15,  1887 

Sehna,  Rome,  and  Dalton  Railroad December  15,  18S7 

Jackson,  Lansing  and  Saginaw  Railroad December  i">,  1SS7 

Grand  Rapids  and  Indiana  Railroad December  15,  1887 

Chicago  and  Northwestern  Railroad December  15,  1887 

St.  Joseph  and  Den ver  City  Railroad December  15,  1887 

RELINQII.SHMKNTS    BY    RAILROADS    IN  PAVOB   OF   BSTTLEBS. 

An  inducement  is  offered  to  such  railroad  companies  as  may  be  found  entitled 

to  lands  held  by  actual  settler-   under  the'  pre-emption  Or  homestead   laws  to 

relinquish  in  fiivor  of  settlers,  and  receive  other  lands  in  lieu  thereof,  by  an 
act  of  Congress  approved  June  22,  1874  (18  Stat.,  194),  which  providi 

••  That  in  the  adjustment  of  all  railroad  land  grants,  whether  made  directly 
to  any  railroad  company  or  to  any  state  for  railroad  purposes,  if  any  of  the 
lands  granted  be  foundinthe  possession  of  an  actual  settler  whose  entry  or 
filing  has  been  allowed  under  the  pre-emption  or  homestead  laws  of  the  United 
Suites  subsequent  to  the  time  at  which,  by  the  decision  of  the  land  office,  the 
right  of  said  road  was  declared  to  have  attached  to  such  lands,  the  grantees, 
upon  a  proper  relinquishment  of  the  lands  so  entered  or  filed  for, shall  be 
entitled  to  ■-elect  an  equal  quantity  of  other  lands  in  lieu  thereof  from  any  of 
the  public  land-  oot  mineral,  and  within  the  limits  of  the  grant,  not  otherv.  ise 
apppropriated  at  the  date  of  selection,  to  which  they  shall  receive  title  the 
same  os  though  originally  granted.    And  any  bucu  entries  or  filings  I 

relieved  from  conflict  may  be- perfected  into  complete  title  as  if  such  lands  had 

not  been  granted :     Provided,  That  nothing  herein  contained  shall  in  any  man 


MATTHEWS?    GUIDE.  199 

ner  be  so  construed  as  to  enlarge  or  extend  any  grant  to  any  such  railroad,  or 
to  extend  to  lands  reserved  in  any  land  grant  made  for  railroad  purposes :  And 
provided  further.  That  this  act  shall  not  be  construed  so  as  in  any  manner  to 
confirm  or  legalize  any  decision  or  ruling  of  the  Interior  Department  under 
which  lands  have  been  certified  to  any  railroad  company  when  such  lands 
have  been  entered  by  a  pre-emption  or  homestead  settler  after  the  location  of 
the  line  of  the  road  and  prior  to  the  notice  to  the  local  land  office  of  the  with- 
drawal of  such  lands  from  market." 

Upon  the  filing  of  such  a  relinquishment  the  land  office  is  authorized  to 
recognize  the  filing  or  entry  of  the  settler  in  the  same  manner  as  if  the  land 
had  not  been  granted  to  the  railroad  company. 

To  facilitate  the  adjustment  of  completing  claims  and  give  effect  to  the  pro- 
visions of  the  act,  the  following  rules  were  established: 

1.  When  the  superior  right  of  the  company  is  ascertained,  and  it  is  found 
that  the  claim  of  the  settler  is  such  that  it  would  be  admitted  were  the  railroad 
claim  extinguished,  the  General  Land  Office  will,  in  all  practicable  cases,  direct 
the  attention  of  the  officers  of  the  company  to  the  fact,  and  request  an  explicit 
answer  whether  or  not  the  land  will  be  relinquished. 

2.  Relinquishment  may  be  made  by  a  simple  waiver  of  claim  where  the 
patent  or  its  equivalent  has  not  been  issued  in  behalf  of  the  company ;  but 
where  title  has  passed,  formal  reconveyance  will  be  required,  as  in  other  cases 
of  the  surrender  of  patents. 

3.  When  making  relinquishment,  the  company  will  be  permitted  to  name 
the  tract  selected  as  indemnity ;  and  in  order  that  conflict  with  pending  appli- 
cations may  be  avoided,  such  relinquishment  and  selection  should  be  filed  with 
the  register  and  receiver,  and  be  noted  upon  their  record  before  transmission 
to  the  General  Land  Office. 

But  in  case  the  company  desires  to  relinquish  at  once  in  favor  of  the  settler, 
and  trust  to  future  selections  for  indemnity,  such  relinquishment  may  be  sent 
direct  to  the  General  Land  Oiiice,  and  upon  its  receipt  will  be  noted  on  the 
books,  and  the  claim  of  the  settler  will  be  immediately  released  from  suspen- 
sion. 

4.  The  selections  must  be  of  lands,  not  mineral,  within  the  limits  of  the 
grant  and  withdrawal,  free  from  other  claims,  and  not  reserved  or  otherwise 
appropriated  at  date  of  selection. 

5.  Where  fees  have  been  paid  upon  the  original  selection  they  will  be  ap- 
plied to  indemnity.  Where  tracts  not  yet  formally  selected  are  relinquished, 
fees  will  be  charged  upon  the  indemnity  selections. 

G.  The  selections  will  be  reported  by  the  register  and  receiver  in  the  same 
manner  as  original  selections,  Avith  a  reference  to  the  act  by  its  date  and  title; 
and  opposite  each  tract  annotation  -will  be  made  of  the  tract  surrendered,  and  the 
name  of  the  settler  in  whose  favor  it  is  relinquished,  with  the  number  of  his 
entry  or  filing. 

Itis  required,  however,  that  a  filing  or  entry  shall  have  been  admitted,  and 
that  the  settlers  claim  shall  be  such  as  would  be  recognized  in  the  absence  of 
the  railroad  grant.  The  company  acquires  no  right  to  the  lieu  tract  until 
selection  thereof  is  regularly  made,  and  its  right  to  make  such  a  selection  will 
not  be  considered  until  application  is  made  for  a  specific,  tract. 

A  relinquishment  under  this  act  is  made  to  the  United  States,  and  when 
accepted  becomes  at  once  operative,  and  the  company  is  entitled  to  select  lands 
in  lieu  of  those  relinquished,  provided  said  lands  were  in  such  condition  as  to 
warrant  relinquishment,  without  regard  to  the  ability  or  intention  of  the  set- 
lcr  to  perfect  his  claim. 

The  land  by  reason  of  such  relinquishment  is  released  from  all  claim  of  the 
company,  and  is  subject  to  disposal  under  the  general  land  laws. 

CONFIRMATION   OF   PRE-EMPTION   AND    HOMESTEAD   CLAIMS    IN    RAILROAD   LIMITS. 

On  the  21st  of  April,  1876,  Congress,  by  an  act  entitled  "  An  act  to  confirm 
pre-emption  and  homestead  entries  of  public  lands  within  the  limits  of  rail- 


200  MATTHEWSS    GUIDE. 

road  grants  in  cases  where  such  entries  have  been  made  Under  the  regulations 
of  the  Land  Department,"  declared  :  " 

"That  all  pre-emption  and  homestead  entries  or  entries  in  compliance  with 
any  law  of  the  United  States,  of  the  public  lands,  made  in  good  faith  by  actual 
settlers,  up  >n  tract-  of  land  of  not  more  than  one  hundred  and  sixty  acres  each, 
within  the  limits  of  any  land  grant,  prior  to  the  time  when  notice  of  the  with- 
drawal of  the  lands  embraced  in  such  grant  was  received  at  the  local  land  office 
of  the  district  in  which  such  lands  arc  situated,  or  after  their  restoration  to 
market  by  order  of  the  General  Land  Office,  and  where  the  pre-emption  and 
homestead  laws  have  been  complied  with,  and  proper  proofs  thereof  have  been 
made  by  the  parties  holding  such  tracts  or  parcels,  they  shall  he  confirmed, 
and  patent  for  the  same  shall  issue  to  the  parties  entitled  thereto. 

That  when  at  the  time  of  such  withdrawal  as  aforesaid  valid  pre- 
emption or  homestead  claims  upon  any  lands  within  the  limits  of  any  such 
grants  which  afterward  were  abandoned",  and,  under  the  decisions  and  rulings 
of  the  Land  Department,  wire  re-entered  by  pre-emption  or  homestead  claim- 
ants who  have  complied  with  the  laws  governing  pre-emption  or  homestead 
entries  and  shall  make  the  proper  proofs  required  under  such  laws, such  entries 
shall  be  deemed  valid,  and  patents  shall  issue  therefor  to  the  person  entitled 
thereto.  ,  .  .  .  , 

"  SBC.  3.  That  all  such  pre-emption  and  homestead  entries  which  may  have 
been  made  by  permission  of  the  Land  Department,  or  in  pursuance  of  the  rules 
and  instructions  thereof,  within  the  limits  of  any  land  grant  at  a  time  subse- 
quent to  expiration  of  such  grant,  shall  be  deemed  valid,  and  a  compliance  with 
the  laws,  and  the  making  of  the  proof  required  shall  entitle  the  holder  of  such 
claim  to  a  patent  therefor."     (19  Stat,  p.  85.)  . 

it  has  been  held  that  the  words  "pre-emption  and  homestead  entries,  in 
the  special  sense  in  which  thev  are  used  in  the  first  section  of  the  act,  refer  to 
settlement  made  in  good  faith  by  persons  possessing  the  requisite  legal  qualifi- 
cations ,  ,    .      . 

Being  a  remedial  statute,  it  must  be  liberally  construed  so  as  to  include  the 
remedy,  and  whether  constitutional  or  not  it  must  be  enforced  by  the  Land 
Department.  .  . 

It  was  held  that  the  act  is  mandatory,  and  confirms  all  claims  coming  within 
its  terms,  and  that  patent  must  issue,  notwithstanding  patent  may  have  been 
issued  to  the  railroad  company  for  the  same  land,  but  in  the  case  of  the  Wis- 
consin Central  It.  E.  Co.  vs.  Stinka,  (4th  Land  Decisions,  344,)  it  was  held  that 
"  if  the  latent  to  the  railroad  company  is  for  any  reason  invalid,  and  the  set- 
tler herein  has  been  injured  in  any  way,  the  courts  are  the  proper  tribunals  to 
adjudicate  the  matter." 

Sine  Baid  decision  the  practice  of  issuing  a  second  patent  has  been  discon- 
tinued. „  ,    ,  ,    , 

The  recent  rulings  under  this  act  have  gone  so  far  as  to  hold  that  an  entry 
made  after  filing  of  the  map  of  definite  location,  but  before  the  receipt  of  the 
Order  of  withdrawal  based  thereon,  is  confirmed  by  the  first  section  of  the  act, 
even  though  afterwards  abandoned. 

RIGHT-OF-WAY   RAILROADS. 

In  addition  to  the  clause  contained  in  all  grants  of  lands  to  aid  in  the  con- 
struction of  railroads  granting  the  right  of  way,  Congress,  by  act  approved 
March  8,  L875,  (IS  Stat., 482)  granted  to  railroads  generally  the  right  of  way 

through  the  public  lands  of  the  United  States. 
The  following  is  a  copy  of  said  act: 

"  Br  it  rnnrted  by  llic  Srwdc  and  Hmisc  of  Ilejrrcxntialivcs  of  Hie  Dialed  State*  of 
America  in  Omgresa  cusembled,  That  the  right  of  way  through  the  public  lands 
of  the  United  States  is  hep. by  granted  to  any  railroad  company  duly  organized 
under  the  laws  of  any  suite  or  Territory,  except  the  District  of  Columbia,  or 
by  the  Congress  of  the  United  States,  which  shall  have  (lied  with  the  Secretary 


MATTHBWS'S    GUIDE.  201 

of  the  Interior  a  copy  of  its  articles  of  incorporation,  and  due  proofs  of  its 
organization  under  the  same,  to  the  extent  of  one  hundred  feet  on  each  Bide  of 
the  central  line  of  said  road ;  also  the  right  to  take,  from  the  public  lands  adja- 
cent to  the  line  of  said  road,  material,  earth,  stone,  and  timber  necessary  for 
the  construction  of  said  railroad ;  also  ground  adjacent  to  such  right  of  way 
for  station-buildings,  depots,  machine  shops,  side-tracks,  turn-outs,  and  water- 
stations,  not  to  exceed  in  amount  twenty  acres  for  each  station,  to  the  extent  of 
one  station  for  each  ten  miles  of  its  road. 

"Sec.  2.  That  any  railroad  company  whose  right  of  way,  or  whose  track  or 
road-bed  upon  such  right  of  way,  passes  through  any  canyon,  pass,  or  defile, 
shall  not  prevent  any  other  railroad  company  from  the  use  and  occupancy  of 
the  said  canyon,  pass,  or  defile,  for  the  purposes  of  its  road,  in  common  with 
the  road  first  located,  or  the  crossing  of  other  railroads  at  grade.  And  the 
location  of  such  right  of  way  through  any  canyon,  pass,  or  defile  shall  not 
cause  the  disuse  of  any  wagon  or  other  public  highway  now  located  therein, 
nor  prevent  the  location  through  the  same  of  any  such  wagon  road  or  highway 
where  such  road  or  highway  may  be  necessary  for  the  public  accommodation  ; 
and  where  any  change  in  the  location  of  such  wagon  road  is  necessary  to  per- 
mit the  passage  of  such  railroad  through  any  canyon,  pass,  or  defile,  said  rail- 
road company  shall,  before  entering  upon  the  ground  occupied  by  such  wagon 
road,  cause  the  same  to  be  reconstructed  at  its  own  expense  in  the  most  favor- 
able location,  and  in  as  perfect  a  manner  as  the  original  road :  Provided,  That 
such  expenses  shall  be  equitably  divided  between  any  number  of  railroad  com- 
panies occupying  and  using  the  same  canyon,  pass,  or  defile. 

"Sec.  3.  That  the  legislature  of  the  proper  Territory  may  provide  for  the 
manner  in  which  private  lands  and  possessory  claims  on  the  public  lands  of  the 
United  States  may  be  condemned ;  and  where  such  provisions  shall  not  have 
been  made,  such  condemnation  may  be  made  in  accordance  with  section  3  of 
the  act  entitled  'An  act  [to  amend  an  act  entitled  An  act]  to  aid  in  the  con- 
struction of  a  railroad  and  telegraph  line  from  the  Missouri  river  to  the  Pacific 
ocean,  and  to  secure  to  the  Government  the  use  of  the  same  for  postal,  military, 
and  other  purposes,  approved  July  first,  eighteen  hundred  and  sixty-two,'  ap- 
proved July  second,  eighteen  hundred  and  sixty-four. 

"  Sec.  4.  That  any  railroad  company  desiring  to  secure  the  benefits  of  this 
act,  shall,  within  twelve  months  after  the  location  of  any  section  of  twenty 
miles  of  its  road,  if  the  same  be  upon  surveyed  lands,  and,  if  upon  unsurveyed 
lands,  within  twelve  months  after  the  survey  thereof  by  the  United  States, 
file  with  the  register  of  the  land  office  for  the  district  where  such  land  is  lo- 
cated a  profile  of  its  road ;  and  upon  approval  thereof  by  the  Secretary  of  the 
Interior  the  same  shall  be  noted  upon  the  plats  in  said  office ;  and  thereafter 
all  such  lands  over  which  such  right  of  way  shall  pass  shall  be  disposed  of 
subject  to  such  right  of  way  :  Provided,  That  if  any  section  of  said  road  shall 
not  be  completed  within  five  years  after  the  location  of  said  section,  the  rights 
herein  granted  shall  be  forfeited  as  to  any  such  uncompleted  section  of  said 
road. 

"  Sec.  9.  That  this  act  shall  not  apply  to  any  lands  within  the  limits  of  any 
military,  park,  or  Indian  reservation/or  other  lands  specially  reserved  from 
sale,  unless  such  right  of  way  shall  be  provided  for  by  treaty  stipulation  or  by 
act  of  Congress  heretofore  passed, 

"  Sec.  6.  That  Congress  hereby  reserves  the  right  at  any  time  to  alter,  amend, 
or  repeal  this  act,  or  any  part  thereof." 

This  act  is  not  in  the  nature  of  a  grant  of  lands ;  it  does  not  convey  an  es- 
state  in  fee,  either  in  the  "  right  of  way  "  or  the  grounds  selected  for  depot 
purposes. 

It  is  a  right  of  use  only,  the  title  still  remaining  in  the  United  States. 

All  persons  settling  on  public  lands  to  which  a  railroad  right  of  way  has 
attached,  hike  the  same  subject  to  such  right  of  way  and  must  pay  for  the  full 
area  of  the  sub-divisions  entered,  there  being  no  authority  to  make  deductions 
in  such  cases. 


*nj  If  \  CTHKW8  9    GUIDE. 

If  a  settler  has  a  valid  claim  to  land  existing  at  the  date  of  the  approval  of 
the  map  of  definite  location  of  a  railroad  company,  his  right  in  superior,  ami 
he  i-  entitled  to  such  reasonable  measure  of  damages  for  "right  of  way,"  etc* 
as  may  be  determined  upon  by  agreement,  or  in  the  courts,  the  question  beim; 
om>  that  does  not  fall  within  the  jurisdiction  of  the  Land  Department. 

REPAYMENT. 

In  making  the  izrants  to  aid  in  the  construction  of  railroads,  Congress 
Increased  m  price  the  reserved  sections,  and  landa  which  were  increased  in 
price  upon  early  location,  more  properly  speaking,  trial  lines,  or  upon  genera! 
route,  often  fell   without  the  granted  limits  as  established  upon  the  line  as 

By  the  Becond  section  of  the  act  of  Congress  approved  June  16,  18S0(2l  Stat, 
L'S7'  it  is  provided  that  in  all  cases  where  parties  have  paid  double-minimum 
price  for  land  which  has  afterwards  been  found  not  to  be  within  the.  limits  of 
a  railroad  land  grant,  the  excess  of  one  dollar  and  twenty-five  cents  per  acre 
shall  be  repaid  to  the  purchaser  thereof,  or  to  the  heirs  or  assignees.  Applica- 
tion for  repayment  must  be  made  in  regular  form. 

RESTORED    RAILROAD    LANDS. 

The  act  of  January  13,  1881,  entitled  "  An  act  for  the  relief  of  certain  settlers 
on  restored  railroad  lands,"  provides : 

"That  all  persons  who  shall  have  settled  and  made  valuable  and  permanent 
improvements  upon  any  odd-numbered  section  of  land  within  any  railroad 
withdrawal  in  good  faith  and  with  the  permission  Or  license  of  the  railroad 
company  for  whose  benefit-  the  same  shall  have  been  made,  and  with  the 
expectation  of  purchasing  of  such  company  the  land  so  settled  upon,  which 
bind  so  settled  upon  and  improved  may,  for  any  cause,  be  restored  to  the  public 
domain  and  who.  at  the  time  of  such  restoration,  may  not  be  entitled  to  enter 
and  acpuire  title  to  such  land  under  the  pre-emption,  homestead,  or  timber- 
culture  acts  of  the  United  States,  shall  be  permitted  at  any  time  within  three 
months  after  such  restoration,  and  under  such  rules  and  regulations  as  the 
Commissioner  of  the  General  Land  Office  may  prescribe,  to  purchase  not  to 
1  one  hundred  and  sixtv  acres  in  extent  of  the  same,  by  legal  subdivis- 
ions, at  the  price  of  two  dollars  and  fifty  cents  per  acre,  and  to  receive  patents 

This  act  applies  to  settlements  upon  odd-numbered  sections  embraced  within 
railroad  withdrawals,  whether  such  settlements  and  withdrawals  shall  have 
been  "made  before  or  after  passage  of  the  act,  but  in  order  to  bring  a  purchaser 
within  the  provisions  of  the  act,  he  must  have  actually  settled  and  made  valu- 
able improvements  upon  the  land,  in  good  faith,  before  the  restoration  of  the 
land  to  the  public  domain,  ami  with  permission  or  license  of  the  railroad  com- 
pany for  whose  benefit  the  withdrawal  was  made,  and  with  the  expectation  of 
purchasing  from  said  company  the  land  so  settled  upon.  _ 

Only  the  actual  settler  at  the  date  of  restoration  can  be  permitted  to  make 
such  purchase,  and  only  land  in  withdrawn  or  restored  odd-numbered  sections 
can  be  so  purchased. 

This  act  has  no  application  to  persons,  who,  without  actual  settlement,  may 
have  improved  the  land,  nor  to  these,  who,  without  actual  settlement  and  im- 
provement  may  have  purchased  the  land  of  the  railroad  company. 

When  the  land  i-  subject  to  entry  under  the  pre-emption,  homestead,  or 
fimber-culture  laws,  and  the  settler  is  qualified  to  make  such  an  entry,  ho  m 
authorized  to  proceed  under  the  law  applicable  to  the  case.  He  can  have  the 
benefit  of  this  act  only  when  he  iJ  exclude  1  from  the  benefit  of  said  laws. 

ADJUSTMENT    OK    LAND    (HUNTS. 

The  act  of  March  3,  1887  (24  Stat,  558),  authorize,-,  and  directs  the  Secretary 
of  the  Interior  to  immediately  adjust,  in  accordance  with  the  decisions  of  the 


MATTHKVVS'S    GUIDE.  203 

supremo  court,  each  of  the  railroad  land  grant:-  made  by  Congress  to  aid  in 

the  construction  of  railroads,  as  heretofore  adjusted. 

Below  is  printed  the  instructions  of  the  Secretary  of  the  Interior  to  the  Com- 
missioner of  the  General  Land  Ollice  relative  to  said  act. 

The  second  section  of  said  act  provides — 

"  That  if  it  shall  appear,  upon  the  completion  of  such  adjustments  respect- 
fully (respectively),  or  sooner,  that  lands  have  been,  from  any  cause,  heretofore 
erroneously  certified  or  patented  by  the  United  States  to  or  for  the  use  or  bene- 
fit of  any  company  claiming  by,  through,  or  under  grant  from  the  United  States, 
to  aid  in  the  construction  of  a  railroad,  it  shall  be  the  duty  of  the  Secretary  of 
the  Interior  to  thereupon  demand  from  such  company  a  relinquishment  or  re- 
conveyance to  the  United  States  of  all  such  lands,  whether  within  granted  or 
indemnity  limits  ;  and  if  such  company  shall  neglect  or  fail  to  so  reeonvey 
such  lands  to  the  United  States  within  ninety  days  after  the  aforesaid  demand 
shall  be  made,  it  shall  thereupon  be  the  duty  of  the  Attorney-General  to  com- 
mence and  prosecute  in  the  proper  courts  the  necessary  proceedings  to  cancel 
all  patents,  certification,  or  other  evidence  of  title  heretofore  issued  for  such 
lands,  and  to  restore  the  title  to  the  United  States." 

The  provision  contained  in  this  section  confers  no  greater  power  upon  the 
Secretary  of  the  Interior  than  he  possessed  before  the  passage  of  that  act,  and 
which  from  time  to  time  has  been  exercised  by  that  official  in  recommending 
to  the  Attorney-General  that  suits  be  brought  to  cancel  patents  appearing  to 
have  been  erroneously  certified  or  patented  for  the  benefit  of  any  railroad 
company. 

The  purpose  of  the  act  was  to  make  that  mandatory  which  before  rested  in 
the  discretion  of  the  Secretary  in  the  exercise  of  his  authority  over  the  public 
lands.  Heretofore  the  Secretary  of  the  Interior  might  recommend  and  re- 
quest the  Attorney-General  to  institute  suits  for  the  cancellation  of  patents 
which,  in  his  judgment,  were  erroneously  issued  for  the  benefit  of  any  railroad 
company  under  its  grants,  and  the  Attorney-General  in  the  exercise  of  his  au- 
thority might  grant  or  refuse  such  request  as  in  his  judgment  might  seem 
proper  ;  but  in  the  act  referred  to,  whenever  it  shall  appear  upon  the  comple- 
tion of  the  adjustment  of  any  railroad  land  grant,  or  sooner,  that  any  lands 
have  been  erroneously  certified  or  patented  for  the  benefit  of  said  company,  it 
is  made  the  imperative  duty  of  the  Secretary  of  the  Interior  to  demand  of  said 
company  a  relinquishment  or  reconveyance  to  the  United  States  of  all  such 
lands ;  and  if  the  company  neglects  or  fails  to  reeonvey  the  same,  it  shall  there- 
upon be  the  duty  of  the  Attorney-General  to  commence  and  prosecute  in  the 
proper  courts  necessary  proceedings  to  cancel  the  patents  of  said  lands,  and  to 
restore  the  title  thereof  to  the  United  States. 

Therefore,  if  in  the  adjustment  of  the  grant  of  any  road  it  should  appear  from 
the  records  in  your  office  that  any  lands  within  either  thegranted  or  indemnity 
limits  of  such  road  have  been  erroneously  certified  or  patented  for  the  benefit 
of  such  company,  either  froman  improper  adjustment  of  the  limits  of  said  grant, 
or  from  the  erroneous  cancellation  of  any  filing  or  entry,  or  from  any  cause 
whatever,  you  will  report  such  facts  to  the  Department  for  action  thereon,  stat- 
ing fully  and  specifically  the  grounds  upon  which  it  is  supposed  such  tracts 
were  erroneously  certified  or  patented,  and  whether  said  tracts  are  within  the 
granted  or  indemnity  limits  of  said  road. 

The  third  section  of  said  act  provides— 

"  That  if,  in  the  adjustment  of  said  grants,  it  shall  appear  that  the  homestead 
or  pre-emption  entry  of  any  bonajide  settler  has  been  erroneously  canceled  on 
account  of  any  railroad  grant  or  the  withdrawal  of  public  lands  from  market, 
such  settler  upon  application  shall  be  reinstated  in  all  his  rights  and  allowed 
to  perfect  his  entry  by  complying  with  the  public  land  laws.  Provided,  That 
he  has  not  located  another  claim  or  made  an  entry  in  lieu  of  the  one  so  erro- 
neously canceled :  And  provided  also,  That  he  did  not  voluntarily  abandon  said 
original  entry:  And  provided  further,  That  if  any  of  said  settlers  do  not  renew 
their  application  to  be  reinstated  within  a  reasonable  time,  to  be  fixed  by  the 
Secretary  of  the  Interior,  then  all  such  unclaimed  lands  shall  be  disposed  of 


204  uatthewb's  guide. 

under  the  public  land  laws,  with  priority  "f  right  given  to  bona  fide  purchasers 
of  said  unclaimed  lands,  if  any,  and  if  there  be  no  such  purchasers,  then  to  bona 
fide  settlers  residing  thereon.'' 

This  Bection  does  aot  embrace  any  land-  that  have  been  certified  or  patented 
to  the  company. but  has  refi  rence  solely  to  lands, the  right  and  claim  to  which 
has  heretofore  been  adjudicated  in  favor  of  the  company  as  against  the  right 
of  8  settlor  upon  said  land-',  and  which  arc  -till  under  the  control  and  jurisdic- 
tion of  the  Department  The  object  and  purpose  >>{  this  section  is  to  correct 
all  decisions  made  by  the  Department  or  the<  ieneral  hand  <  mice  where  it  shall 
appear  in  the  examination  of  any  land  grant  heretofore  unadjusted  that  the 
homestead  or  pre-emption  entry  ofa  bonafide  -ettler  was  erroneously  canceled. 
In  such  a  case  a  final  decision  of  a  former  or  the  present  Secretary  is  not  only 
no  longer  a  bar  to  the  further  consideration  of  the  question  to  be  decided,  but 
it  i-  made  the  duty  of  the  Secretary  to  readjudicate  the  case,  notwithstanding 
the  former  decision,  whenever  it  appears  that  the  pre-emption  or  homestead 
entry  of  any  bonafide  settler  has  been  erroneously  canceled  on  account  of  any' 
railroad  grant  or  of  withdrawal  of  public  lands  from  market. 

In  the  adjustment  of  every  grant  to  aid  in  the  construction  of  railroads  you 
will  make  report  upon  all  pre-emption  ami  homestead  entries  of  bonafide  set- 
tlers that  may  in  your  judgment  appear  from  the  record-  of  your  office  to  hav 
been  erroneously  canceled  either  because  the  land  is  within  the  limit- of  the 
railroad  grant  or  because  it  has  been  withdrawn  for  indemnity  purposes  for 
-aid  road,  provided  the  right  to  the  tract  has  been  decided  in  favor  of  the  com- 
pany, and  forward  said  report  to  the  Department  for  consideration  and  action 
thereon,  stating  fully  and  specifically  as  to  each  particular  tract,  the  grounds 
upon  which  you  may  determine  that  said  pre-emption  and  homestead  entries 
were  erroneously  canceled,  and  the  right  to  the  land  erroneously  decided  in 
favor  of  the  company  :  and  upon  lil  in^  said  report  you  shall  cause  notice  thereof 
to  be  given  to  both  parties  advising  them  that  said  case  will  be  held  by  this  Di  - 
partment  for  thirty  days  before  action,  during  which  time  they  can  make  such 
showing  as  they  may  desire. 

If  in  each  report  you  should  determine  that  the  pre-emption  or  homestead 
entry  of  any  bona  fide  f-ettler  has  been  erroneously  canceled  and  the  right  to 
the  land  adjudged  in  favor  of  the  railroad  and  your  decision  thereon  shall  be 
Sustained  by  the  Department,  after  due  notice  the  land  will  then  be  subject  to 
disposal  as  provided  for  in  said  section;  that  is,  the  settler  whose  entry  was 
erroneously  canceled  will  be  notified  of  his  right  to  make  application  to  be 
reinstated  in  all  his  rights, and  if  such  settler  shall  make  such  application 
within  a  reasonable  time,  to  be  fixed  by  the  Secretary  of  the  Interior  in  such 
notie.\  he  shall  be  reinstated  in  all 'his  rights:  Provided,  That  he  shows 
affirmatively  that  he  has  not  located  another  claim  or  made  an  entry  in  lieu  of 
the  one  BO  erroneously  canceled. and  that  he  did  not  voluntarily  abandon  said 
original  entry.  If  said  settler  should  fail  to  make  application  within  the  time 
required,  and  to  show  that  he  has  not  located  another  claim  or  made  an  entry 
in  lieu  of  the  one  so  erroneously  canceled,  and  that  he  did  not  voluntarily 
abandon  said  original  entry,  then  all  Bucb  unclaimed  lands  shall  be  disposed  <>i 
under  the  public  land  laws,  with  priority  of  right  to  bona  fidt  purchasers  of  said 
unclaimed  lands,  if  any,  and  if  there  be  no  such  purchasers,  then  to  bonafide 
sbttlers  residing  thereon.  The  bona  fide  purchasers  here  referred  to  are  I 
who,  without  knowledge  of  wrong  or  error,  have  purchased  from  the  railroad 
company  lands  which  had  been  previously  entered  by  the  pre-emption  or 
homestead  settler,  whose  entry  has  been  erroneously  canceled  as  described  in 
the  first  clause  of  the  third  section,  and  which  land  the  pre-emption  or  home- 
stead settler  did  not  ei,(-t  to  claim  a  tier  recovery  by  the  proceedings  prescribed 
by  the  second  Bection  of  the  act. 

A-  to  the  land-  which  have  been  erroneously  certified  or  patented  to  the  com- 
pany (being  the  land-  referred  to  in  the  Beoond  Bection),  the  fourth  section  or 
the  act  provides  for  the  disposal  of  such  of  those  lands  as  may  have  been  sold 
by  the  company  to  citizen-  of  the  United  States  or  persons  who  hav  d<  clared 
their  intention  to  become  such  citizens;  upon  the  following  conditions : 


MATTHEWS'S    GUIDE.  205 

After  said  lands  shall  have  been  reconveyed  to  the  Government,  or  the  title  t<  ► 

the  same  recovered,  the  class  of  persons  above  referred  to  so  purchasing  in  pood 
faith,  their  heirs  or  assignees,  shall  be  entitled  to  the  land  so  purchased  upon 
maiding  proof  of  such  purchase  at  the  proper  land  office  within  such  time  and 
under  such  rules  as  may  be  prescribed  by  the  Secretary  of  the  interior,  after 
the  grants  respectively  shall  have  been  adjusted,  and  patent  shall  issue  to  such 
persons  which  shall  relate  back  to  the  original  certification  or  patenting.  The 
section  then  provides  that  the  Secretary  of  the  Interior  shall  demand  of  the 
company  payment  for  said  lands  of  an  amount  equal  to  the  Government  price 
of  similar  lands,  and  in  case  of  the  neglect  or  refusal  of  the  company  to  make 
payment  thereof  within  ninety  days  after  demand,  the  Attorney-*  ieneral  shall 
cause  suits  to  be  brought  against  the  company  for  said  amount.  Under  the  act 
the  purchaser  of  such  lands  from  the  company  may  recover  from  the  company 
the  purchase-money  paid  by  him  less  the  amount  paid  by  the  company  to  the 
United  States. 

A  mortgage  or  pledge  of  said  lands  by  the  company  is  not  a  sale  within  the 
meaning  of  the  act. 

The  object  of  this  section  is  to  confirm  to  the  purchaser  the  title  to  the  hinds 
therein  referred  to  upon  making  proof  of  such  purchase,  and  that  the  purchaser 
has  the  qualifications  required  by  the  act  without  requiring  of  the  purchaser 
any  further  payment  to  the  Governmnet  of  the  purchase  price  of  said  land. 

The  fifth  section  of  said  act  reads  as  follows : 

That  where  any  said  company  shall  have  sold  to  citizens  of  the  United  States, 
or  to  persons  who  have  declared  their  intention  to  become  such  citizens,  as  a 
part  of  its  grant,  lands  not  conveyed  to  or  for  the  use  of  such  company,  said 
lands  being  the  numbered  sections  prescribed  in  the  grant,  and  being  cotermi- 
nous with  the  constructed  parts  of  said  road,  and  where  the  lands  so  sold  are 
lor  any  reason  excepted  from  the  operation  of  the  grant  to  said  company,  it 
shall  be  lawful  for  the  bona  fide  purchaser  thereof  from  said  company  to  make 
payment  to  the  United  States  for  said  lands  at  the  ordinary  Government  price 
Tor  like  lands,  and  thereupon  patents  shall  issue  therefor  to  the  said  bona  fide 
purchaser,  his  heirs  or  assigns :  Provided,  That  all  lands  shall  be  excepted  from 
the  provisions  of  this  section  which  at  the  date  of  such  sales  were  in  the  bona 
fide  occupation  of  the  adverse  claimants  under  the  pre-emption  or  homestead 
laws  of  the  United  States,  and  wdiose  claims  and  occupation  have  since  been 
voluntarily  abandoned,  as  to  which  excepted  lands  the  said  pre-emption  and 
homestead  claimants  shall  be  permitted  to  perfect  their  proofs  and  entries  and 
to  receive  patent  therefor;  Provided  further,  That  this  section  shall  not  apply 
to  lands  settled  upon  subsequent  to  the  first  day  of  December,  1882,  by  persons 
claiming  to  enter  the  same  under  the  settlement  laws  of  the  United  States,  as 
to  which  lands  the  parties  claiming  the  same  as  aforesaid  shall  be  entitled  to 
prove  up  and  enter  as  in  other  like  cases. 

Under  this  section,  wdien  the  company  has  sold  to  citizens  of  the  United 
States  or  persons  who  have  declared  their  intention  to  become  such  citizens, 
the  numbered  sections  prescribed  in  the  grant  and  coterminous  with  tin'  con- 
structed portions  of  the  road,  within  either  the  granted  or  indemnity  limits, 
and  which  upon  the  adjustment  of  the  grant  are  shown  to  be  excepted  from 
the  operation  of  the  grant,  it  shall  Ik;  lawful  for  such  purchasers  (if  their  pur- 
chases are  bona  fide)  to  purchase  said  land  from  the  Government  by  payment 
of  the  Goverment  price  for  like  lands,  unless  said  lands  were  at  the;  date  of 
purchase  in  the  bona  fide  occupation  of  adverse  claimants  under  the  pre-emp- 
tion or  homestead  laws,  in  which  case  the  pre-emptor  or  homestead  claimant 
may  be  permitted  to  perfect  his  proof  unless  he  has  since  voluntarily  aban- 
doned the  land. 

Under  the  last  proviso  of  said  section,  however,  if  a  settlement  was  made  on 
said  lands  subsequent  to  December  1, 1882,  by  persons  claiming  the  same  under 
the  settlement  laws  of  the  United  States,  it  will  defeat  the  right  of  the  pur- 
chaser whether  said  purchase  was  made  prior  to  or  subsequent  to  December  1, 
1882,  and  the  settler  will  be  allowed  to  prove  up  for  said  lands  as  in  other  like 
cases. 


MATTHEWS'fi    -.1  IDE. 

The  sixth section  provides  that  when  any  such  lands  have  been  sold  and 
conveyed  as  the  property  of  the  company  lor  State  and  county  taxes,  and  the 
-rant  to  the  company  lias  been  thereafter  forfeited,  the  purchaser  at  such  sale 
shall  have  the  preference  right  for  one  year  from  the  date  of  the  act  in  which 
to  purchase  said  lands  from  the  United  States  by  paying  the  Government  price 
for  said  lands,  provided  said  lands  were  not  previous  to  or  at  the  time  of  the 
taking  effect  ot  such  -rant  in  the  possession  of  or  subject  to  the  ri^ht  of  an 
actual  pettier. 

The  seventh  section  provides: 

"That  no  more  lands  shall  be  certified  or  conveyed  to  any  State  or  to  any 
corporation  or  individual,  for  the  benefit  of  either  of  the  companies  herein 
mentioned,  where  it  shall  appear  to  the  Secretary  of  the  Interior  that  such 
transfers  may  create  an  excess  over  the  quantity  of  lands  to  which  such  State, 
corporation, "or  individual  would  be  rightfully  entitled." 


RULES  OF  PRACTICE 


IN   CASES   BEFORE  Til 


UNITED  STATES  DISTRICT  LAND  OFFICES,  THE  GENERAL   LAND 
OFFICE,  AND  THE  DEPARTMENT  OF  THE  INTERIOR. 

Approved  August  13,  1885,  to  Take  Effect  September  1,  1885. 


RULES  OF  PRACTICE 


IN   CASES   BEFORE  THE 


"UNITED  STATES  DISTRICT  LAND  OFFICES,  THE  GENERAL  LAND 
OFFICE,  AND  THE  DEPARTMENT  OF  THE  INTERIOR. 

Approved  August  13,  1885,  to  Take  Effect  September  1,  1885* 


I. 

PROCEEDINGS  BEFORE  REGISTERS  AND  RECEIVERS. 
1 . — Initiation  of  contests. 

Rule  1.  Contest  maybe  initiated  by  an  adverse  party  or  other  person  against 
a  party  to  an  entry,  filing,  or  other  claim  under  laws  of  Congress  relating  to  the 
public  lands,  for  any  sufficient  cause  affecting  the  legality  or  validity  of  the 
claim.    See  Nos.  879, 882, 1092* 

Rule  2.  In  every  case  of  application  for  a  hearing  an  affidavit  must  be  filed 
by  the  contestant  with  the  register  and  receiver,  fully  setting  forth  the  facts 
which  constitute  the  grounds  of  contest.  See  Nos.  313,  321,  328,  342  11  "8 
1888. 

Rule  3.  Where  an  entry  has  been  allowed  and  remains  of  record  the  affida- 
vit of  the  contestant  must  be  accompanied  by  the  affidavits  of  one  or  more  wit- 
nesses in  support  of  the  allegations  made.  See  Nos.  313, 321,  328,  342,  887  1128 
1857,1888.  '        '        '       . 

2. — Hearing  in  contested  cases. 

Rule  4.  Registers  and  receivers  may  order  hearings  in  all  cases  wherein  entry 
has  not  been  perfected  and  no  certificate  has  been  issued  as  a  basis  for  patent 
See  Nos.  850,  879,  883. 

Rule  5.  In  case  of  an  entry  or  location  on  which  final  certificate  has  been 
issued  the  hearing  will  be  ordered  only  by  direction  of  the  Commissioner  of 
the  General  Land  Office.    See  Nos.  887,  1071. 

Rule  6.  Applications  for  hearings  under  Rule  5  must  be  transmitted  by  the 
register  and  receiver,  with  special  report  and  recommendation,  to  the  Commis- 
sioner for  his  determination  and  instructions.    See  Nos.  313,  580,  887. 

S. — Notice  of  contest. 

Rule  7.  At  least  thirty  days'  notice  shall  be  given  of  all  hearings  before  the 
register  and  receiver  unless  by  written  consent  an  earlier  day  shall  be  agreed 
upon.    See  Nos.  540,  739,  869,  887. 


♦The  numbers  given  after  the  Rules  refer  to  numbers  of  decisions  In  Matthews  &.  Con- 
way's Digest. 


210  M.vrnihws's  guide. 

RuleS.  The  notice  of  contest  and  hearing  must  conform  to  the  following  re- 
quirements : 

1.  It  must  he  written  or  printed. 

2.  It  must  be  signed  by  tn  i  rcgist  srand  receiver,  or  by  one  of  them. 
::.  [t  most  statothe  timo  and  place  of  bearing. 

i.  It  must  describe  the  land  involved. 

.").  It  nm-t  stats  the  r  gister  and  receiver's  number  <>f  the  entry  and  the  land 
office  where,  and  the  date  when,  made,  and  the  name  of  the  party  making  the 
same. 

6.  It  musl  give  the  name  of  the  contestant,  and  briefly  otate  the  grounds  and 
j.  .i'  pose  of  the  contest. 

7.  It  m  iv  contain  any  other  information  pertinent  to  the  contest  See  Nos. 
857,869,  1001. 

4. — Service  of  notice. 

Rule  0.  Personal  service  shall  be  made  in  all  ca  ?es  when  possible  if  the  party 
to  be  serve  1  i -  resident  in  the  state  or  Territory  in  which  the  land  i-  situated,, 
and  shall  consist  in  the  delivery  of  a  copy  of  the  notice  to  each  person  to  bo 
served.    See  numbers  368,  523,  539,  854,  869,  1661,  1915,  1987. 

Ri  lb  16.  Personal  service  may  be  executed  by  any  officer  or  person.  See  No 
869. 

Rule  11.  Notice  maybe  given  by  publication  alone  only  when  it  is  shown 
by  affidavit  of  the  Contestant,  and  by  Buch  other  evidence  as  the  register  and 
receiver  may  require,  that  due  diligence  has  been  used  and  that  personal  ser- 
vice cannot  be  made.  The  party  will  be  required  to  state  what  effort  has  I 
made  to  get  personal  service.  See  Nos.  187,  291,  368,  539,  854,869,  '.)i>3,  1888, 
1915,  1929,  1987. 

Role  12.  When  it  is  found  that  the  prescribed  service  cannot  b  •  had,  either 
personal  or  by  publication,  in  time  for  the  hearing  provide  1  for  in  the  notice, 
the  notice  may  be  returned  prior  to  the  time  fixed  for  the  hearing,  and  a  new 
notice  issued  fixing  another  time  of  hearing,  for  the  proper  service  thereof,  an 
affidavit  being  filed  by  the  contestant  showing  due  diligence  and  inability  to 
serve  the  notice  in  time.     Sea  Nos.  801),  963. 

6. — Notice  b]i  publication. 

Rule  13.  Notice  by  publication  shall  be  made  by  advertising  the  notice  at 
least  once  a  week  for  four  successive  weeks  in  some  newspaper  published  in  the 
county  wherein  the  land  in  contest  lies;  and  if  no  new-pip  r  he.  published  in 
such  county,  then  in  the  newspaper  published  in  the  countj  nearest  to  such 
land.  The  first  insertion  shall  lie  at  least  thirty  days  prior  to  the  day  Gxed  for 
the  hearing.  See  act  of  June  3,  1S7S,  29  U.  S.  stats.,  p.  91,  and  Nos.  963,  1908, 
I'd  J. 

Kii.i:  14.  Whore  notice  is  given  by  publication,  a  copy  of  the  noti  <  shall  be 
mailed  by  registered  letter  to  the  last  known  address  of  each  person  to  lie  noti- 
fied thirty  days  before  date  of  bearing,  and  a  like  copy  shall  he  posted  in  the 

register's  office  during  the  period  of  publication,  and  also  in  a  conspicuous  plan 

■on  the  land,  for  at  least  two  week-   prior  to  tin;  day  set  for  the  hearing.     St* 
No*.  121,  H.V4,  Su<),  968,  188S,  1912,  I'M.".,  L>003. 

6. — Proof  of  service  of  notice. 

BULK  15.  Proof  of  personal  service  shall  l>c  the  written  acknowledgment  of 
the  person  served  or  the  affidavit  of  the  person  who  served  the  notice  attached 

thereto,  stating  the  time,  place,  and  manner  of  service.     See  Nos.  !'.','.>.  .S5:i,  !it^5. 

RULB  Hi.  When  service  is  by  publication,  the  proof  of  service  shall  he  aeopy 

-of  the  advertisement,  with  the  affidavit  of  the  publisher  or  foreman  attached 

thereto,  showing  that  the  same  was  successively  inserted  the  requisite  num- 
ber of  times,  and  the  date  thereof.    See  Nos.  7U!>,  8<>9. 


MATTHEWS'S    GUIDE.  211 

7. — Notice  of  interlocutory  proceedings. 

Rule  17.  Notice  of  interlocutory  motions,  proceedings,  orders,  and  decisions 
-shall  be  in  writing,  and  may  be  served  personally  or  by  registered  letter, 
through  the  mail  to  the  last  known  address  of  the  party.  See  Nos.  78,121. 
•G22,  1031,  1972. 

Rule  18.  Proof  of  service  by  mail  shall  be  the  affidavit  of  the  person  who 
mailed  the  notice,  attached  to  the  post  office  receipt  for  the  registered  letter. 

8. — Rehearings. 

Rule  19.  Orders  for  rehearing  must  be  brought  to  the  notice  of  the  parties  in 
the  sainc  manner  as  in  case  of  original  proceedings. 

9. — Continuances. 

Rule  20.  A  postponement  of  a  hearing  to  a  day  to  be  fixed  by  the  register 
and  receiver  may  be  allowed  on  the  day  of  trial  on  account  of  the  absence  of 
material  witnesses,  when  the  party  asking  for  the  continuance  makes  an  affi- 
davit before  the  register  and  receiver  showing — 

1.  That  one  or  more  of  the  witnesses  in  his  behalf  is  absent  without  his 
procurement  or  consent ; 

2.  The  name  and  residence  of  each  witness ; 

3.  The  fact3  to  which  they  would  testify  if  present; 

4.  The  materiality  of  the  evidence ; 

5.  The  exercise  of  proper  diligence  to  procure  the  attendance  of  the  absent 
•witnesses  ;  and 

G.  That  affiant  believes  said  witnesses  can  be  had  at  the  time  to  which  it  is 
sought  to  have  the  trial  postponed  ; 

7.  Where  hearings  are  ordered  by  the  Commissioner  of  the  General  Land 
Office  in  cases  to  wh  ich  the  United  States  is  a  party,  continuances  will  be  granted 
in  accordance  with  the  usual  practice  in  United  States  cases  in  the  courts, 
without  requiring  an  affidavit  on  the  part  of  the  Government.  See  Nos.  471. 
508,  832,  853,  931,  952,  1001,  1950,  1996. 

Rule  21.  One  continuance  only  shall  be  allowed  to  either  party  on  account 
of  absent  witnesses,  unless  the  party  applying  for  a  further  continuance  shall 
at  the  same  time  apply  for  an  order  to  take  the  depositions  of  the  alleged  absent 
witnesses. 

Rule  22.  No  continuance  shall  be  granted  when  the  opposite  party  shall  ad- 
mit that  the  witnesses  would,  if  present,  testify  to  the  statement  set  out  in  the 
application  for  continuance.    See  Nos.  422,  471,  508,  931,  1950. 

10. — Depositions  on  interrogatories. 

Rule  23.  Testimony  may  be  taken  by  deposition  in  the  following  cases : 

1.  Where  the  witness  is  unable,  from  age,  infirmity,  or  sickness,  or  shall  re- 
fuse to  attend  the  hearing  at  the  local  land  office. 

2.  Where  the  witness  resides  more  than  fifty  miles  from  the  place  of  trial, 
■computing  distance  by  the  usually  traveled  route. 

3.  Where  the  witness  resides  out  of  or  is  about  to  leave  the  State  or  Terri- 
tory, or  is  absent  therefrom. 

4.  Where  from  any  cause  it  is  apprehended  that  the  witness  may  be  unable 
■or  will  refuse  to  attend,  in  which  case  the  deposition  will  be  used  only  in  event 
that  the  personal  attendance  of  the  witness  cannot  be  obtained.  See  Nos.  931, 
1911. 

Rule  24.  The  party  desiring  to  take  a  deposition  under  Rule  23  must  comply 
with  the  following  regulations : 

1.  He  must  make  affidavit  before  the  register  or  receiver,  setting  forth  one 
or  more  of  the  above  named  causes  for  taking  such  deposition,  and  that  the 
witness  is  material. 


MATTHBWB'fl    '.tide. 

2.  I  Ie  must  file  with  the  register  and  receiver  the  interrogatories  to  be  propoun- 
ded to  the  witn 

3.  Il<  must  state  the  name  and  residence  of  the  witness. 

4.  Be  must  serve  a  copy  of  the  interrogatories  on  the  opposing  party  or  his 
attorney.    See  Woe.  508,  981,  1911. 

e25.  The  opposing  party  will  be  allowed  ten  -lays  in  which  to  file  cross- 
int<  rrogatories. 

Ki  i ::  2 (J.  Aiter  the  expiration  of  the  ten  days  allowed  for  filing  cross-inter- 
rogatori  -  a  commission  to  take  the  deposition  shall  be  issued  by  the  register 
and  reo  Lver,  which  commission  shall  be  accompanied  by  a  copy  of  all  the  in- 
t  irrogatories  filed. 

Rous  27.  The  register  and  receiver  may  designate  any  officer  authorized  to 
administer  oaths  within  the  county  or  "district  where  the  witness  resides  to 
take  Buch  deposition. 

Rule  28.  It  is  the  duty  of  the  officer  before  whom  the  deposition  is  taken  to 
cause  the  intsrrogatories  appended  to  t  lie  commission  to  be  written  out  and  tin- 
answers  thereto  to  be  inserted  immediately  underneath  the  respective  ques- 
tions, and  the  whole,  when  completed,  is  to  be  read  over  to  the  witness,  and 
must  be  by  him  subscribed  and  sworn  to  in  the  usual  manner  before  the  wit- 
ness is  discharged. 

Rule  29.  The  officer  must  attach  Ids  certificate  to  the  deposition,  stating  that 
the  same  was  subscribed  and  sworn  to  by  the  deponent  at  the  time  and  place 
therein  mentioned. 

Rule  30.  The  deposition  and  certificate,  together  with  the  commission  and 
intern  gatories,  must  then  be  sealed  up,  the  title  of  the  cause  endorsed  on  the 
envelope,  and  the  whole  returned  by  mail  or  express  to  the  register  and  re^ 
cciver. 

Rule  81.  Upon  receipt  of  the  package  at  the  local  land  office,  the  date  when 
the  same  is  opened  must  be  endorsed  on  the  envelope  and  body  of  the  deposi- 
tion 1>\-  the  local  land  officers. 

Rule  82.  If  the  officer  designated  to  take  the  deposition  has  no  official  seal,  a 
proper  certificate  of  his  official  character,  under  seal,  must  accompany  his 
return. 

Ruu:  o3.  The  parties  in  any  case  may  stipulate  in  writing  to  take  depositions 
before  any  qualified  officer,  and  in  any  manner. 

Ruu::;i.  All  stipulations  by  parties  or  counsel  must  be  in  writing,  and  be 
filed  with  the  register  and  receiver. 

•  11. — Oral  testimony  before  otfier  officers  than  registers  and  receivers. 

Rulk  35.  In  the  discretion  of  registers  and  receivers  testimony  may  be  taken 
near  the  land  in  controversy  before  a  United  States  commissioner  or  other 
officer  authorized  to  administer  oaths,  at  a  time  and  place  to  be  fixed  bv  them 
and  stated  in  the  notice  of  hearing.  See  Nos.  523,  540,  864,  879,  8S3,  888,  898, 
1910. 

2.  Officers  taking  testimony  under  the  foregoing  rule  will  be  governed  by  the 
rule*  applicable  to  trials  before  registers  and  receivers.  (See  Rules  36  to  42  in- 
clusive.)   Bee  No.  904. 

3.  Testimony  so  taken  must  be  certified  to,  sealed  up,  and  transmitted  by 
mail  or  i  x  ;.nss  to  the  register  and  receiver,  and  the  receipt  thereof  at  the  local 
office  noted  on  the  papers,  in  the  same  manner  as-  provided  in  case  of  deposi- 
tion-- by  hubs  29  to  32  inclusive. 

4.  On  the  day  set  for  hearing  at  the  local  office  the  register  and  receiver  will 
examine  the  testimony  taken  by  the  officer  designated,  and  render  a  de- 

□  then  on  in  the  same  manner  as  if  the  testimony  had  been  taken  before 
themselvi  B.     (See  Rules  50  to  63  inclusive.)    See  No.  892. 

•")  No  charge  for  examining  testimony  in  such  cases  will  be  made  by  the  reg- 
ister and  receiver. 

6.  Officers  designated  to  take  testimony  under  this  rule  will  beallowedto 
charge  such  fees  as  are  properly  authorized  by  the  tariff  of  fees  existing  in  the 


MATTHEWS'S    GUIDE.  213 

local  courts  of  their  respective  districts,  to  be  taxed  in  the  same  or  equivalent 
manner  as  costs  are  taxed  by  registers  and  receivers  under  rules  54  to  58  inclu- 
sive. 

7.  When  an  officer  designated  to  take  testimony  under  this  rule,  or  when  an 
officer  designated  to  take  depositions  under  Rule  27,  cannot  act  on  the  day  fixed 
for  taking  the  testimony  or  deposition,  the  testimony  or  deposition,  as  the  case 
may  be,  will  be  deemed  properly  taken  before  any  other  qualified  officer,  at  the 
same  time  and  place,  who  may  be  authorized  by  the  officer  originally  desig- 
nated, or  by  agreement  of  parties,  to  act  in  the  place  of  the  officer  first  named. 

12.— Trials. 

Rule  36.  Upon  the  trial  of  a  cause  the  register  and  receiver  may  in  anv  case, 
and  should  in  all  cases  when  necessary,  personally  direct  the  examination  of 
the  witnesses,  in  order  to  draw  from  them  all  the  facts  within  their  knowledge 
requisite  to  a  correct  conclusion  by  the  officers  upon  any  point  connected  with 
the  case. 

Rule  37.  The  register  and  receiver  will  be  careful  to  reach,  if  possible,  the 
exact  condition  and  status  of  the  land  involved  by  any  contest,  and  will  ascer- 
tain all  the  facts  having  any  bearing  upon  the  rights  of  parties  in  interest.  See 
No.  2094. 

Rule  38.  In  pre-emption  cases  they  will  particularly  ascertain  the  nature, 
extent,  and  value  of  alleged  improvements;  by  whom  made,  and  when;  the 
true  date  of  the  settlement  of  persons  claiming ;  the  steps  taken  to  mark  and 
secure  the  claim,  and  the  exact  status  of  the  land  at  that  date  as  shown  upon  the 
records  of  their  office.     See  No.  2094. 

Rule  39.  In  like  manner,  under  the  homestead  and  other  laws,  the  condi- 
tions affecting  the  inception  of  the  alleged  right,  as  well  as  the  subsequent  acts 
of  the  respective  claimants,  must  be  fully  and  specifically  examined. 

Rule  40.  Due  opportunity  will  be  allowed  opposing  claimants  to  confront 
and  cross-examine  the  witnesses  introduced  by  either  party. 

Rule  41.  No  testimony  will  be  excluded  from  the  record  by  the  register  and 
receiver  on  the  ground  of  any  objection  thereto ;  but  when  objection  is  made 
to  testimony  offered,  the  exceptions  will  be  noted,  and  the  testimony,  with  the 
exceptions,  will  come  up  with  the  case  for  the  consideration  of  the  Commis- 
sioner. Officers  taking  testimony  will,  however,  summarily  put  a  stop  to  ob- 
viously irrelevant  questioning.    See  Nos.  853, 1080,  1950. 

Rule  42.  Upon  the  day  originally  set  for  hearing,  and  upon  any  day  to  which 
the  trial  may  be  continued,  the  testimony  of  all  the  witnesses  present  shall  be 
taken  and  reduced  to  writing.  When  testimony  is  taken  in  short-hand,  the  steno- 
grapher's notes  must  be  written  out,  and  the  written  testimony  then  and  there 
subscribed  bv  the  witness  and  attested  by  the  officer  before  whom  the  same  is 
taken.    See  Nos.  540, 1080. 

IS — Appeals. 

Rule  43.  Appeals  from  the  final  action  or  decisions  of  registers  and  re- 
ceivers lie  in  every  case  to  the  Commissioner  of  the  General  Land  Office. 
(Revised  Statutes,  sections  453,  2478.)     See  No.  794. 

Rule  44.  After  a  hearing  in  a  contested  case  has  been  had  and  closed  the 
register  and  receiver  will,  in  writing,  notify  the  parties  in  interest  of  the  con- 
clusions to  which  they  have  arrived,  and  that  thirty  days  are  allowed  for  an 
appeal  from  their  decision  to  the  Commissioner,  the  notice  to  be  served  person- 
ally or  by  registered  letter  through 'the  mail  to  their  last  known  address.  See 
Nos.  78,  86,  121,  527  ,580,  819,  892,  962,1057, 1061,  1183,  1454, 1802. 

Rule  45.  The  appeal  must  be  in  writing  or  in  print,  and  should  set  forth  in 
brief  and  clear  terms  the  specific  points  of  exception  to  the  ruling  appealed 
from.    See  Xo.  1057. 

Rule  46.  Notice  of  appeal  and  copy  of  specification  of  errors  shall  be  served 
•on  appellee  within  the  time  allowed  for  appeal,  and  appellee  shall  be  al- 
lowed ten  davs  for  reply  before  transmittal  of  the  record  to  the  General  Land 
■Office.    See  Nos.  28,  527,  580, 1183. 


2  I  l  mattjte\vs's  GUIDE, 

l:i  1 1:  -17.  N<>  appeal  from  the  action  or  decisions  of  the  register  and  receiver 
will  be  received  al  the  <  teneral  Land  Office  unless  forwarded  through  the  local 
officers. 

Kt  i.i:  48.  In  case  of  a  failure  to  appeal  from  the  decision  of  tin-  local  officers, 
their  decision  will  be  considered  final  as  to  tin' facts  in  the  case,  un<l  will  be 
disturbed  by  the  Commissioner  only  as  follows: 

l.  Where  fraud  or  gross  irregularity  is  suggested  on  the  face  of  the  papers. 

•_'.  Where  the  decision  is  contrary  to  existing  laws  or  regulations. 

.;.  In  event  of  disagreeing  decisions  by  the  local  officers. 

».  Where  it  is  not  shown  that  the  party  against  whom  the  decision  was  ren 
d.ivd  was  duly  notified  of  the  decision  and  of  bis  right  of  appeal.    Bee  Nos. 
"s,  794,962,092,098,  L194,  1210,  1454,  1571,  1731. 

Ri  lb49.   In  any  of  the  foregoing  cases  the  Commissioner  will  reverse  or 
modify  the  decision  of  the  local  officers  or  remand  the  ease,  at  his  discretion. 
No.  962. 

Una:  .">().  All  documents  once  received  by  the  Ideal  officers  must  be  kept  on 
file  with  the  cases,  and  the  date  of  filing  must  be  noted  thereon  ;  and  no  papers 
will  lie  allowed  under  anv  circumstance-  to  be  removed  from  the  files  or  taken 

from  the  custody  of  the  register  and  receiver,  hut  access  to  the  same,  under 
proper  rales,  so  a^  not  to  interfere  with  necessary  public  business,  will  be  per- 
mitted to  the  parties  in  interest,  or  their  attorneys,  under  the  supervision  of 
those  otliccrs.    Bee  No.  28. 

14. — Reports  and  opinion*. 

Rule  51.  Upon  the  termination  of  a  contest  the  register  and  receiver  will 
renders  joint  report  and  opinion  in  the  case,  making  full  and  specific  1 
ence  to  tin-  postings  and  annotations  upon   their  records.     Bee  Nos.  527,  892 
1004,  1006,  1915,  L932. 

RULB  52.  The  register  and  receiver  will  promptly  forward  their  report, 
together  with  the  testimonyand  all  the  papers  in  the  case,  to  the  Commissioner 
of  the  General  Land  Office,  with  a  brief  letter  of  transmittal,  describing  the 
case  by  its  title,  the  nature  of  the  contest,  and  the  tract  involved.  See  Nos.  i:J0, 
527,  876,  1932,  1983. 

Rule  53.  The  local  officers  will  thereafter  take  no  further  action  affecting  the 
disp  >-al  of  the  land  in  contest  until  instructed  by  the  Commissioner.  .See  Nos. 
303,  305,  430,  527,  1004,  1846,  1820,  1983,  2118. 

15. —  Taxation  of  costs. 

Rule  54.  Parties  contesting  pre-emption,  homestead,  or  timber-culture  entries 
and  claiming  preference  rights  of  entry  under  the  second  section  of  the  act  of 
May  14.  1880  i.-l  Stat.,  140).  must  pay  the  costs  of  contest    Bee  No.  422. 

Rule  55.  In  other  conte  ted  ease- each  party  must  pay  the  costs  of  taking 
testimony  upon  his  own  direct  and  cross-examination. 

R|  1  56.  The  accumulation  of  excessive  cost-  under  rule  51  will  not  be  per- 
mitted ;  but  where  the  officer  taking  testimony  shall  rule  that  a  course  of  ex- 
amination is  irrelevant,  and  check  the  same  nnder  rule  41,  he  may,  neverthe- 
less, in  his  discretion,  allow  the  same  to  proceed  at  the  sole  cost  of  the  party 
making  BUch  examination. 

Rule  57.  Where  parties  contesting  pre-emption,  hom<  Btead,  or  timber-culture 
entries  establish  their  right  of  entry  under  the  pre-emption  or  homestead  laws 
of  the  land  in  contest  by  virtue  of  actual  settlement  and  improvement,  \\  ithout 
reference  to  the  act  of  .May  1 1,  1880, the  cost  of  contest  will  be  adjudged  under 
Rule  66. 

I:  1.1:  58,  Registers  and  receivers  will  apportion  the  costs  of  contest  in  accor- 
dance with  the  foregoing  rales,  and  may  require  the  party  liable  thereto  to  «ive 
ity  in  advance  of  trial,  by  depositor  otherwise,  in  a"  reasonable  sum  or 
sum-.  I  >r  p  lyment  of  the  costs  of  transcribing  the  testimony.    S|  c  No.  931. 

l;   1  :59,  The  costs  of  < test  chargeable  by  registers  and  receivers  are  the 

lopal  fees  for  redncing  testimony  to  writing.  No  other  contest  lees  or  ooBtl 
will  be  allowed  to  or  charged  bj  those  officers  directly  or  indirectly. 


MATTHEWS's    GUIDE.  215 

Rule  60.  Contestants  must  give  their  own  notices  and  pay  the  expenses 
thereof. 

Rule  61.  Upon  the  termination  of  a  trial,  any  excess  in  the  sum  deposited  as 
security  for  the  costs  of  transcribing  the  testimony  will  be  returned  to  the 
proper  party. 

Rule  02.  When  hearings  are  ordered  by  the  Commissioner  or  bv  the  Secre- 
tary of  the  Interior,  upon  the  discovery  of  reasons  for  suspension  in  the  usual 
course  of  examination  of  entries,  the  preliminary  costs  will  be  provided  from 
the  contingent  fund  for  the  expenses  of  local  land  offices. 

Rule  (jo.  The  preliminary  costs  provided  for  by  the  preceding  section  will 
be  collected  by  the  register  and  receiver  when  the  parties  are  brought  before 
them  in  obedience  to  the  order  of  hearing. 

Rule  64.  The  register  and  receiver  will  then  require  proper  provision  to  be 
made  for  such  further  notification  as  may  become  necessary  in  the  usual  pro- 
gress of  the  case  to  final  decision. 

Rule  65.  The  register  and  receiver  will  append  to  their  report  in  each  case 
a  statement  of  costs  and  the  amount  actually  paid  by  each  of  the  contestants, 
and  also  a  statement  of  the  amount  deposited  to  secure  the  payment  of  the 
costs,  how  said  sum  was  apportioned,  and  the  amount  returned,  if  any,  and  to 
whom. 

16. — Aj)peals  from  declslcms  rejecting  applications  to  enter  public  lands. 

Rule  66.  For  the  purpose  of  enabling  appeals  to  be  taken  from  the  rulings 
or  action  of  the  local  officers  relative  to  applications  to  file  upon,  enter,  or  locate 
the  public  lands,  the  following  rides  will  be  observed: 

1.  The  register  and  receiver  will  endorse  upon  every  rejected  application  the 
date  when  presented  and  their  reasons  for  rejecting  it. 

2.  They  will  promptly  advise  the  party  in  interest  of  their  action  and  of  his 
right  of  appeal  to  the  Commissioner. 

3.  They  will  note  upon  their  records  a  memorandum  of  the  transaction.  See 
Nos.  427,  688,  881.  1808. 

Rule  67.  The  party  aggrieved  will  be  allowed  thirty  davs  from  receipt 
of  notice  in  which  to  file  his  appeal  in  the  local  land  office.  Where  the  notice 
is  6ent  by  mail,  five  days  additional  will  be  allowed  for  the  transaction  of  no- 
tice and  five  for  the  return  of  the  appeal.    See  No.  1808. 

Rule  68.  The  register  and  receiver  will  promptly  forward  the  appeal  to  tho 
General  Land  Offie,  together  with  a  full  report  upon  the  case.  See  Nos.  881, 
1808. 

Rule  00.  This  report  should  recite  all  the  facts  and  the  proceedings  had,  and 
must  embrace  the  following  particulars: 

1.  A  statement  of  the  application  and  rejection,  with  the  reasons  for  the  re- 
jection. 

2.  A  description  of  the  tract  involved  and  a  statement  of  its  status,  as  shown 
by  the  records  of  the  local  land  office. 

3.  References  to  all  entries,  filings,  annotations,  memoranda,  and  correspon- 
dence shown  by  the  record  relating  to  said  tract  and  to  the  proceedings  had. 
See  No.  1808. 

Rule  70.  Rules  43  to  48,  inclusive,  and  Rule  93  are  applicable  to  all  appeals 

from  decisions  of  registers  and  receivers. 

[Ride  70  of  Practice,  was  amended  October  26, 1S85,  to  read  as  follows  : 

'*  Rule  70,  Rules  43  and  48.  inclusive,  and  Rule  03  are  not  applicable  to  appeals 

from  decisions  rejecting  applications  to  enter  public  lands."] 

II. 

PROCEEDINGS  BEFORE  SURVEYORS-GENERAL. 

Rule  71.  Tho  proceedings  in  hearings  and  contests  before  surveyors-general 
shall,  as  to  notices,  depositions,  and  other  matters,  be  governed  as  nearly 


216  M.\  I  FHEWS'8    GUIDE. 

as  may  be  by   the    rule-   prescribed    for   proceedings  before  registers 
receivers,  onleee  otherwise  provided  by  law.    Bee  No,  877. 

III. 


and 


PROCEEDINGS   BEFOUL   TIIK    COMMISSIONER  OF  THE  GENERAL 
LAND  OFFICII  AND  SKCRETARY  OF   THE  INTERIOR. 

1. — Examination  and  argument. 

Rile  72.  When  a  contest  ha?  been  closed  before  the  local  land  officers  and 
their  report  forwarded  to  the<  reneral  Land  Otlice,  no  additional  evidence  will  be 
admitted  in  the  case,  anlese  offered  under  stipulation  of  the  parties  to  the  rec- 
ord, except  where  such  evidence  is  presented  as  the  basis  of  a  motion  for  a 
new  trial  or  in  support  of  a  mineral  application  or  protest ;  but  this  rule  will 
not  prevent  the  Commissioner,  in  the  exercise  of  hie  discretion,  from  ordering 
further  investigation  when  necessary.    Sec  Nos.  594,  950,  1223. 

Kii.i:  73.  Alter  the  Commissioner  shall  have  received  :i  record  of  testimony 
in  a  contested  case,  thirty  days  will  be  allowed  to  expire  before  any  action 
thereon  is  taken,  unless,  in  the  judgment  of  the  Commissioner,  public  policy 
or  private  necessity  shall  demand  summary  action,  in  which  case  he  will  pro- 
ceed at  his  discretion,  first  notifying  the  attorneys  of  record  of  his  proposed 
action. 

Rule  74.  When  a  case  is  pending  on  appeal  from  the  decision  of  the  register 
and  receiver  or  surveyor-general,  and  argument  is  not  filed  before  the  same  is 
reached  in  its  order  for  examination,  the  argument  will  be  considered  closed, 
and  thereafter  no  further  arguments  or  motion-  of  any  kind  willbe  entertained 
exci  ]  >t  upon  written  stipulation  duly  filed  or  good  cause  shown  to  the  Commis- 
sioner. 

Rule  75.  If  before  decision  by  the  Commissioner  either  party  should  desire 
to  discuss  a  case  orally,  reasonable  opportunity  therefor  will  be  given  in  the 
discretion  of  the  Commissioner,  but  only  at  a  time  to  be  fixed  by  him  upon 
notice  to  the  opposing  counsel-,  stating  time  and  specific  points  upon  which 
discussion  is  desired  ;  and.  except  as  herein  provided,  no  oral  hearings  or  sug- 
gestions will  be  allowed. 

2. — Rehearing  and  review. 

Rule  76.  Motions  for  rehearing  before  registers  and  receivers,  or  for  review 
or  reconsideration  of  the  decisions  of  the  Commissioner  or  Secretary,  will  be 
allowed,  in  accordance  with  legal  principles  applicable  to  motions  for  new  trials 
at  law,  after  due  notice  to  the  opposing  party.  See  Nos.  475, 849, 927,  9S0, 1003, 
1005,  1007,  1215,  1296,  140S,  1512,  1681,  1994,  2001. 

Rule  77.  Motions  for  rehearing  and  review,  except  as  provided  in  Rule  114, 
must  be  filed  in  the  office  wherein  the  decision  to  be  affected  by  such  rehear- 
ing or  review  was  made  or  in  the  local  land  office,  for  transmittal  to  the  Gen- 
eral Land  Office;  and,  except  when  based  upon  newly-discovered  evidence, 
must  be  fded  within  thirty  days  from  notice  of  such  decision.  See  Nos.  413, 
466,  75:,,  922,  ''27,  1494,  1730,  1864. 

Rule  78.  Motions  for  rehearing  and  review  must  be  accompanied  by  an  affi- 
davit of  the  party,  or  his  attorney,  that  the  motion  is  made  in  good  faith,  and 
not  for  the  purpose  of  delay.    See  Nos.  1296,  1494. 

Rule  79.  The  time  between  the  filing  of  a  motion  for  rehearing  or  review 
and  the  notice  of  the  decision  upon  such  motion  shall  be  excluded  in  comput- 
ing the  time  allowed  for  appeal.     See  No.  466. 

Rots  80.  No  officer  shall  entertain  a  motion  in  a  case,  after  an  appeal  from 
his  decision  has  been  taken.     See  No.  4(16. 

S. — Appeals  from  (he  Comjnissioner  to  the  Secretary. 

Rule  81.  An  appeal  may  be  taken  from  the  decision  of  the  Commissioner  of 
the  General  Land  Office  to  the  Secretary  of  the  Interior  upon  any  question  re- 


MATTHEWS'S    GUIDE.  217 

lating  to  the  disposal  of  the  public  lands  and  to  private  land  claims,  except  in 
case  of  interlocutory  orders  and  decisions  and  orders  for  hearing  or  other  mat- 
ters resting  in  the  discretion  of  the  Commissioner.  Decisions  and  orders  form- 
ing the  above  exception  will  be  noted  in  the  record,  and  will  be  considered  by 
the  Secretary  on  review  in  case  an  appeal  upon  the  merits  be  finally  allowed. 

[Rule  81  of  Practice  was  amended  December  8,  1885,  to  read  as  follows :  •'  No 
appeal  shall  be  had  from  the  action  of  the  Commissioner  of  the  General  Land 
Office  affirming  the  decision  of  the  local  officers  in  any  case  when;  the  party 
or  parties  adversely  affected  thereby  shall  have  failed,  after  due  notice,  to  appeal 
from  such  decision  of  said  local  officers. 

''Subject  to  this  provision  an  appeal  may  be  taken  from  the  decision  of  the 
Commissioner  of  the  General  Land  Office  to  the  Secretary  of  the  Interior  upon 
any  question  relating  to  the  disposal  of  the  public  lands  and  to  private  land 
claims,  except  in  case  of  interlocutory  orders  and  decisions  and  orders  for  hear- 
ing or  other  matter  resting  in  the  discretion  of  the  Commissioner.  Decisions 
and  orders  forming  the  above  exception  will  be  noted  in  the  record,  and  will 
be  considered  by  the  Secretary  on  review  in  case  an  appeal  upon  the  merits  be 
finally  allowed."  See  Nos.  36,  770,  77G,  950,  956, 966, 998, 1003a,  1009, 1010, 1011, 
1013,  1194. 

Rule  82.  When  the  Commissioner  considers  an  appeal  defective,  he  will 
notify  the  party  of  the  defect,  and  if  not  amended  within  fifteen  days  from  the 
date  of  the  service  of  such  notice  the  appeal  may  be  dismissed  by  the  Secretary 
of  the  Interior  and  the  case  closed.  See  Nos.  548,  760,  938,  946,  954,  988,  1014, 
1194,  1744. 

Rule  83.  In  proceedings  before  the  Commissioner,  in  which  he  shall  formally 
decide  that  a  party  has  no  right  of  appeal  to  the  Secretary,  the  party  against 
whom  such  decision  is  rendered  may  apply  to  the  Secretary  for  an  order  direct- 
ing the  Commissioner  to  certify  said  proceedings  to  the  Secretary  and  suspend 
further  action  until  the  Secretary  shall  pass  upon  the  same.  See  Nos.  544,  685, 
692,  696,  700,  776,794,  950,  967,  988,  1009,  1010,  1011,  1013,  1014,  1194, 1290,  1298, 
1517, 1734. 

Rule  84.  Applications  to  the  Secretary  under  the  preceding  rule  shall  be  made 
in  writing,  under  oath,  and  shall  fully  and  specifically  set  forth  the  grounds 
upon  which  the  application  is  made.  See  Nos.  398,  544,  685,  700,  719,  776,  794, 
861,  950,  967,  988,  1009,  1010,.1011, 1013,  1014,  1194, 1296,  1298,  1517,  1734. 

Rule  85.  When  the  Commissioner  shall  formally  decide  against  the  right  of 
an  appeal,  he  shall  suspend  action  on  the  case  at  issue  for  twenty  days  from 
service  of  notice  of  his  decision,  to  enable  the  party  against  whom  the  decision 
is  rendered  to  apply  to  the  Secretary  for  an  order,  in  accordance  with  Rules 
83  and  84.    See  Nos.  794,  988, 1194. 

Rule  86.  Notice  of  an  appeal  from  the  Commissioner's  decision  must  be  filed 
in  the  General  Land  Office  and  served  on  the  appellee  or  his  counsel  within 
sixty  days  from  the  date  of  the  service  of  notice  of  such  decision.  See  Nos. 
724,  877,  886,  033,  946,  960,  987,  1006.  1008,  1022,  1072,  1307,  1734. 

Rule  87.  When  notice  of  the  decision  is  given  through  the  mails  by  the  reg- 
ister and  receiver  or  the  surveyor-general,  five  days  additional  will  be  allowed 
by  those  officers  for  the  transmission  of  the  letter  and  five  days  for  the  return 
of  the  appeal  through  the  same  channel  before  reporting  to  the  General  Land 
Office.    See  Nos.  886, 1008, 1940,  2123. 

Rule  88.  Within  the  time  allowed  for  givng  notice  of  appeal  the  appellant 
shall  also  file  in  the  General  Land  Office  a  specification  of  errors,  which  speci- 
fication shall  clearly  and  concisely  designate  the  errors  of  which  he  complains. 
See  Nos.  723,  848,  938,  946,  951,  953,  1008,  1014. 

Rule  89.  He  may  also,  within  the  same  time,  file  a  written  argument,  with 
citation  of  authorities,  in  support  of  his  appeal.    See  No.  1008. 

Rule  90.  A  failure  to  file  a  specification  of  errors  within  the  time  required 
will  be  treated  as  a  waiver  of  the  right  of  appeal,  and  the  case  will  be  consid- 
ered closed.    See  Nos.  966,946,  951,953,  1008,  1014.  , 

Rule  91.  The  appellee  shall  be  allowed  thirty  days  from  the  expiration  of 
the  sixty  days  allowed  for  appeal  in  which  to  file  his  argument.    See  No.  1008. 


2  I  3  MATTHEWS'S    OUIDB. 

Rule  92.  Tin-  appellant  shall  be  allowed  thirty  days  from  aervice  of  arnoMaot 
of  appellee  in  which  to  file  argument  strictly  in  reply,  and  no  other  or  farther 
arguments  or  motions  of  any  Kind  sliall  be  filed  without  the  permission  of  the 
lissioner  or  Secretary  and  notice  to  the  opposite  party.    See  No.  598. 

Rule  93.  A  copy  of  the  notice  of  appeal,  specification  of  errors,  and  all 
aents  of  cither  party,  shall  be  Berveu  <>n  the  opposite  party  within  the 
time  allowed  fur  Qling  the  b  ime.    Bee  Nos.  880,  o,3f,  887, 1070,  1888,  '-Ml':;. 

l;  le94.  Bach  service  shall  be  made  personally  or  by  registered  letter.  See 
n    ».  847,  880,987,  2123. 

Rule  93.  Proof  of  personal  Bervice  shall  be  the  written  acknowledgment  of  the 
party  served  <>r  the  affidavit  of  the  person  making  the  service  attached  to  the 
papers  served,  and  stating  time,  place,  and  manner  of  service.  See  Nos.  847, 
■  87. 

1:  i.eOG.  Proof  of  service  by  registered  letter  shall  be  the  affidavit  of  the 
person  mailing  the  letter  attache'!  to  a  copy  of  the  post  office  receipt.  See  Nos. 
S47,  880,  987. 

RULE  !>7.  Fifteen  days,  exclusive  of  the  day  of  stalling,  will  be  allowed  for 
the  tran -mis-ion  of  notice.-;  and  piper.-  by  mail,  except  In  ease  of  notice  to  resi- 
dent attorneys,  when  one  day  will  be  allowed.    See  No.  940. 

RULE 98.  notice  of  interlocutory  motions  and  proceedings  before  the  Com- 
missioner and  Secretary  shall  1)2  served  personally  or  by  registered  letter,  and 
service  proved  as  provided  in  Rales  04  and  !)<}. 

Rule  99.  No  motion  affecting  the  merits  of  the  case  or  the  regular  order  of  pro- 
ceedings will  be  entertained  except  on  due  proof  of  service  of  notice.  Sec  Nos. 
880,  927. 

Rule  100.  Ex  parte  cases  and  cases  in  which  the  adverse  party  does  not  appear 
will  bo  governed  by  the  foregoing  rales  as  to  notices  of  decisions,  time  for 
appeal, and  Qling  of  exceptions  and  arguments,  as  far  as  applicable.  In  such 
cases,  however,  the  right  to  Qle  additional  evidence  at  any  stage  of  the  proceed- 
ings to  cure  defects  in  the  proof  or  record  will  be  allowed. 

Rule  101.  No  p  srson  hereafter  appearing  as  a  party  or  attorney  in  any  ease 
shall  be  entitli  d  to  a  notice  of  the  proceedings  who  noes  not  at  the  time  of  his 
appearance  Qle  in  the  office  in  which  the case  is  pendinga statement  in  writing, 
giving  his  name  and  post  office  address  and  the  name  of  the  party  whom  ho 
represents  ;  nor  shall  any  person  who  has  heretofore  appeared  in  a  caso  be  en- 
titl  •!  to  a  notice  unless  within  fifteen  days  after  being  requested  to  file  such 
statement  be  sliall  comply  with  said  requirement. 

Rule  102.  No  p  mon  not  a  party  to  the  record  shall  intervene  in  a  case  with- 
out first  disclosing  on  oath  the  nature  of  his  interest.    .See  Nos.  880,  1294, 

Rule  lo:;.  When  the  Commissioner  makes  an  order  or  decision  affecting  the 
merits  of  a  case  or  the  regular  order  of  proceedings  therein  he  will  cause  notice 
to  be  given  to  each  party  in  interest  whose  address  is  known.    See  No.  1517. 

4. — Attornajs. 

RULE  104.  In  all  cases,  contested  or  ex  parte,  where  the  parties  in  interest  are 
reprcsente  1  by  attorneys,  such  attorneys  will  be  recognized  as  fully  controlling 
the  cases  of  their  respective  clients.    See  No-.  47">,  490,  1000. 

Rl  i a:  105.  All  notices  will  be  served  upon  the  attorneys  of  record.  See  Nos. 
475,470,087,  1900. 

Rule  100.  Notice  to  one  attorney  in  a  case  shall  constitute  notice  to  all  coun- 
sel appearing  for  the  party  represented  by  him,  and  notice  to  the  attorney  will 
be  deemed  notice  to  the  party  in  interest.    Sec  Nos.  47"),  470,  1451,  1793,  1909. 

Rule  107.  All  attorneys  practicing  before  the  General  band  Officeand  De- 
partment of  the  interior  must  first  liL  the  oath  of  oiliec  prescribed  by  section 
3478  U.  s.  Revised  Statute* 

Rule  108.  in  the  examination  of  any  case,  whether  contested  or  tx  parte,  and 
for  the  preparation  of  arguments,  the  attorneys  employed,  when  in  good  stand- 
ing in  the  Department,  will  he  allowed  full  opportunity  to  consult  the  record  of 

the  case  and  to  examine  the  abstracts,  plats,  field-notes,  and  tract-books,  and 


MATCH  EWs'fl    GUIDE.  219' 

the  correspondence  of  the  General  Land  Office  or  of  the  Department  relative 
thereto,  and  to  make  verbal  inquiries  of  the  various  chiefs  of  divisions  at  their 
respective  desks  in  respect  to  the  papers  or  status  of  paid  case;  but  such  per- 
gonal inquiries  will  be  made  of  no  other  clerk  in  the  division  except  in  the 
presence  or  with  the  consent  of  the  head  thereof,  and  will  bo  restricted  to  the 
hours  between  11a.  m.  and  2  p.  m. 

[Rule  108  of  Practice  was  amended  January  11,  1883,  to  read  as  follows:  "In 
the  examination  of  any  case,  whether  contested  or  ex  parte,  the  attorneys  em- 
ployed in  said  case,  when  in  good  standing  in  the  Department,  for  the  prepa- 
ration of  arguments,  will  be  allowed  full  opportunity  to  consult  the  records  of 
the  case,  the  abstracts,  field-notes,  and  tract-books,  and  the  correspondence  of 
the  General  Land  Office  or  of  the  Department  not  deemed  privileged  and  con- 
fidential; and  whenever,  in  the  judgment  of  the  Commissioner,^  would  not 
jeopardize  any  public  or  official  interest,  may  make  verbal  inquiries  of  chiefs 
of  divisions  at  their  respective  desks  in  respect  to  the  papers  or  status  of  said 
case ;  but  such  inquiries  will  not  be  made  to  said  chiefs  or  other  clerks  of  divis- 
ions except  upon  consent  of  the  Commissioner,  Assistant  Commissioner,  or 
chief  clerk,  and  will  be  restricted  to  hours  between  11  a.  m.  and  2  p.  m."]  See 
No.  979. 

Rule  109.  Any  attorney  detected  in  any  abuse  of  the  above  privileges  or  of 
gross  misconduct,  upon  satisfactory  proof  thereof,  after  due  notice  and  hear- 
ing, shall  be  prohibited  from  further  practicing  before  the  Department. 

Rulb  110.  Should  either  party  desire  to  discuss  a  case  orally  before  the  Secre- 
tary opportunity  will  be  afforded  at  the  discretion  of  the  Department,  but  only 
at  a  time  specified  by  the  Secretary  or  fixed  by  stipulation  of  the  parties,  with 
the  consent  of  the  Secretary  ;  and  in  the  absence  of  such  stipulation  or  written 
notice  to  opposing  counsel,"with  like  consent,  specifying  the  time  when  argu- 
ment will  be  heard.    See  No.  17:'>0. 

Rule  111.  The  examination  of  cases  on  appeal  to  the  Commissioner  or  Sec- 
retary will  be  facilitated  by  filing  in  printed  form  such  arguments  as  it  is  de- 
sired to  have  considered. 

5. — Decisions. 

Rule  112.  Decisions  of  the  Commissioner  not  appealed  from  within  the  period 
prescribed  become  final,  and  the  case  will  be  regularly  closed.  See  Nos.  010, 
982,  1341.  ,  B  , 

Rule  113.  The  decision  of  the  Secretary,  so  far  as  respects  the  action  of  the 
Executive,  is  final.  . 

Rule  114.  Motions  for  review  before  the  Secretary  of  the  Interior  and  appli- 
cations under  Rules  83  and  81  shall  be  filed  with  the  Commissioner  of  the  Gen- 
eral Lmd  Office,  who  will  thereupon  suspend  action  under  the  decision  sought 
to  be  reviewed  and  forward  to  the  Secretary  such  motion  or  application. 

[Rule  144  of  Practice  was  amended  March  27,  1880,  to  read  as  follows:  "Mo- 
tions for  a  review  of  decisions  of  the  Secretary  should  be  filed  with  the  Secre- 
tary, who  may,  in  his  discretion,  suspend  action  on  the  decision  sought  to  be 
reviewed  until  such  motion  shall  be  decided.  The  amendment,  approved  March 
27,  188G,  to  Rule  114  of  Practice,  to  wit :  "  Motions  for  a  review  of  decisions  of 
the  Secretary  should  be  filed  with  the  Secretary,  who  may,  in  his  discretion, 
suspend  action  on  the  decision  sought  to  be  reviewed  until  such  motion  shall 
be  decided,"  was  revoked  June  14,  1888,  and  Rule  114  of  Practice  again  put  in 
force  as  approved  August  13,  188"),  to  wit:  "Motions  for  review  before  the 
Secretary  of  the  Interior,  and  applications  under  Rules  83  and  84.  shall  be  filed 
with  the  Commissioner  of  the  Land  Office,  who  will  thereupon  suspend  action 
nnder  the  decision  sought  to  be  reviewed,  and  forward  to  the  Secretary  such 
motion  or  application."]    See  Nos.  770, 934,  905, 1517. 

None  of  the  foregoing  rules  shall  be  construed  to  deprive  the  Secretary  of 
the  Interior  of  the  exercise  of  the  directory  and  supervisory  powers  conferred 
upon  him  law.    See  Nos.  901,  973. 


INDEX. 


Page 

Alabama — 

agricultural  statistics  of 2,3 

area  of vii,  viii,  1 

climate  of. 1 

coal  fields  of,  three  great,  area  and  capacity  of. 2 

derivation  of  name  of ] 

division  of,  into  belts 1,2 

elections  in 3,4 

electoral  college  of. 4 

forests  of 2 

interest  in,  legal  rate  of 4 

laws  of,  in  relation  to — 

deeds 4 

descent  and  distribution  of  property 4 

dower 5 

exemptions 5 

married  women 5 

mechanics'  liens 6 

mortgages 6 

wills 6 

manufactures  of,  statistics  of 3 

population  of 1 

assessed  valuation  of  property  of. 3 

railroads  in 3 

school  system  of. 3 

temperature  and  rainfall  of. 1 

Alaska — 

agricultural  resources  of,  little  development  of 7 

area  of ix,  6 

climate  of. 7 

commerce  of,  value  of 8 

derivation  of  name  of. (5 

fisheries,  salmon,  cod,  halibut,  etc.,  great  yield  and  value  of 7, 8 

forests  of 7 

fur  trade  of,  value  of. '. 7 

geographical  divisions  of. 6 

mineral  resources  of. 7 

population  of 7 

purchase  of (> 

Yukon  river,  principal  highway  of 7 

Arizona — 

agricultural  statistics  of 8 

area  of ix,  8 

derivation  of  name  of 8 


222  INDEX. 

Pagb 

Am/  'NA — continued. 

elections  in 9 

forests  of -  9 

interest  in,  rates  of. 10 

irrigation  in 9 

laws  of,  in  relation  to —  • 

.1  teds 10 

■  1  iwcr 10 

.1  scent  mill  distributions 10 

exemptions 10 

married  women 11 

mechanics'  liens 11 

mortgages 11 

wiiis:.:: ii 

manufactures  of 9 

mine  statistic-  of 9 

population  of 8 

products  of. 9 

railroads  in 9 

school  system  of. 9 

soil  and# climates  of , 9 

stock  raising  in 9 

temperature  and  rainfall  of. «  8 

Arkansas — 

agricultural  statistics  of 12 

area  of viii,  12 

derivation  of  name  of 12 

elections  in 18 

electoral  college  of. 13 

interest  in,  rates  of. 13 

laws  of,  in  relation  to— 

deeds 18 

descent  and  distribution ' 13 

dower 14 

exemptions 14 

married  women 14 

mechanics'  liens 15 

mortgages 15 

wins:... 15 

manufactures  of. 13 

mine  statistics  of. 13 

population  of 12 

railroads  in •*•••  13 

temperature  and  rainfall  of. 12 

•California — 

agricultural  statistics  of. 16 

area  of ix,  10 

derivation  of  name 15 

elections  in 17 

electoral  college 17 

grape  and  wine  culture  in 17 

Eape  region,  extent  of. 17 
ws  of,  in  relation  to — 

deeds 17 

descent  of  real  and  personal  property 18 

dower 19 

exemption 19 

married  women 20 

mechanics'  liens 20 

mortgages -••  21 

wills 21 


INDEX-  223 

Page 

•California — continued. 

manufactures  of. 17 

mining  statistics  of. 17 

population  of 16 

products  of. 17 

property  in,  assessed  valuation  of. 17 

railroads  in • 17 

schools  of. 17 

soil  and  climate  of. 16 

temperature  and  rainfall 16 

Colorado— 

agricultural  statistics  of -- 

°  i>  iv    99 

area  of 'of 

derivation  of  name  of 21 

elections  in £> 

electoral  college ~j» 

interest  in,  rates  of. 2d 

laws  of,  in  relation  to— 

deeds ^ 

descent  and  distribution  of  property 24 

dower 24 

exemptions -* 

married  women -* 

mechanics'  liens 2o 

mortgages *«J 

wills 2o 

manufactures  of.. ** 

mine  statistics  of. -j* 

mountain  scenery  of. -» 

population  of •• 2- 

property,  real  and  personal,  assessed  valuation  of j6 

railroads  in -** 

schools  of. -j» 

temperature  and  rainfall  of. *« 

Dakota—  , 

agricultural  statistics  of ;..  f® 

area  of. V111^2 

Black  Hills,  gold  and  silver  mined  in... 27 

derivation  of  name  of. 25 

elections  in.,, 27 

forest  area  of 27 

interest  in,  rates  of. *• 

laws  of,  in  relation  to — 

deeds j* 

descent 27 

dower £* 

exemptions 2» 

homestead -£ 

married  women *g 

mortgages :; 

wills -* 

manufactures  of. ~|r 

minerals  of ~p 

population  of ~Z 

property  of,  assessed  value  of. j* 

railroad  mileage  of- ~7 

schools  of. ~f. 

temperature  and  rainfall ••••• •••••    -6 

Department  of  the  Interior,  Rules  of  Practice  in  cases  before ^U7-/ia 


22  t  INDEX. 

Page 

District  land  offices,  Rules  of  Practice  in  cases  before. 207-219 

Florida — 

agricultural  statistics  of 30 

area  of viii,80 

a  resort  against  rigorous  northern  winters 30 

climate  of,  fine 30 

deii  vat  inn  of  name  of 29 

elections  in :;1 

electoral  college  of. ;;' 

everglades,  the  famous 30 

fisheries  of SI 

forests  of. SI 

interest  in,  rates  of. :;1 

land  in,  value  of 30 

laws  of  in  relation  to — 

deeds 31 

descent 32 

dower 33 

exemptions S3 

married  women 34 

mortgages 34 

wills........: :'A 

manufactures  of.... 31 

population  of. ;j(> 

school  system  of. 31 

temperature  and  rainfall  of 30 

tropical  products  of. 30 

General  hints  relative  to  railroad  grants, etc 193,  206 

General  Land  Office,  Rules  of  Practice  in  cases  before 207,  219 

Idaho — 

agricultural  statistics  of ••  35 

area  of. >x-  35 

climate  of 35 

derivation  of  name  of 35 

desert  lands  of 88 

elections  in 37 

great  mineral  belt  of. 88 

interest  in,  rates  of 37 

large  grazing  area 36 

laws  of,  in  relation  to — 

deeds 37 

descent  of  property 37 

dower 37 

exemptions 37 

married  women 37 

mechanics'  liens 37 

mortgages 38 

wins:..: 88 

manufactures  of 38 

population  of 85 

products  of. ;|(; 

railroad  mileage  of. 86 

resources  of,  undeveloped 38 

school  system  of 86 

taxable  property  of. 86 

temperature  and  rainfall '"' 

Ikdian  Txrbitoby — 

area  of. viu,38 

baronial  estates  in 38,39 


INDKX".  225 

I'AOK 

Indian  Territory — continued. 

fertility  of  lands  of. 38 

"live  civilized  tribes,"  census  of 38 

governments  within 39 

not  open  to  settlement  by  whites 39 

railroads  in 39 

school  system  of. 39 

tribes  occupying 38 

Iowa — 

agricultural  statistics  of. , 40 

area  of viii,  40 

derivation  of  name  of 40 

elections  in 41 

electoral  college 42 

interest  in,  rates  of. ." '42 

law6  of,  in  relation  to — 

deeds 42 

descent  and  distribution 42 

dower 42 

exemptions 42 

married  Avomen 43 

mortgages 43 

wills 43 

manufactures  of. 41 

population  of 40 

property,  assessed  valuation  of. 41 

school  statistics  of. 41 

temperature  and  rainfall  of 40 

Kansas — 

agricultural  statistics  of. 44 

area  of viii,  ix,  44 

derivation  of  name  of 44 

elections  in 40 

electoral  college  of 46 

interest  in,  rates  of 46 

laws  of,  in  relation  to — 

deeds 46 

descent  and  distribution 46 

dower 47 

exemptions 47 

married  women 47 

mechanics'  liens 47 

mortgages 47 

wills ' 47 

manufactures  of. 45 

mine  statistics  of. 45 

population  of 44 

property  in,  assessed  valuation  of. 45 

railroads  in 46 

school  system  of. 46 

State  institutions  in 45 

temperature  and  rainfall  of. 44 

Land  States  and  Territories,  names  of. 109 

Louisiana — 

agricultural  statistics  of. 49 

area  of. viii,  48 

climate  of 40 

derivation  of  name  of. 48 

elections  in 50 


226  INDEX. 

Page 
Louisiana — continued. 

electoral  college  of 50 

Fabacher,  St.  Landry  parish,  German  setttlemcnt  at 48 

forests  of. 43 

interest  in,  rates  uf. 51 

land  of,  value  of 48 

laws  of,  in  relation  to — 

deed- 51 

descent  and  distribution 51 

dower 51 

exemptions 51 

married  women 52 

mechanics'  iiene 

mortgages 52 

wills 52 

manufactures  of 50 

mineral-  of 50 

ocean  and  gulf  communication  of. 50 

population  of 48 

products  of 49,  50 

railroads  of 50 

schools  of. 50 

tempi  rat  are  and  rainfall 48 

territory,  geographical  divisions  of 48 

water  navigation  of 49 

water  power  of. 49 

MicniGAN — 

Cultural  statistics  of. 53 

'.  "I vii,  53 

derivation  of  name  of 53 

•  !  ictions  in 55 

■•oral  college 55 

fisheries  of. 54 

interest  in,  rates  of. 55 

laws  of,  in  relation  to — 

deeds 55 

descent  of  property,  real  and  personal 55 

exemptions 56 

married  women 57 

mechanics'  liens ">7 

mortgages 57 

wills^ 57 

manufactures  of. 64 

mines  of. 54 

population  of 53 

railroads  of 54 

school  statistics  of 55 

temperature  and  rainfall  of. 53 

Minnesota — 

agricultural  statistics  of. 58 

area  of. vii,  viii,  58 

dairy  interests  of. 59 

derivation  of  name  of 57 

elections  in 59 

electoral  college  of 59 

geographical  situation  of. 68 

interest  in,  rates  of. 59 


'     INDEX.  227 

Minnesota — continued. 

laws  of,  in  relation  to — 

deeds 59 

descent  of  property (30 

dower oi 

exemptions 01 

married  women 01 

mechanic's  liens oi 

mortgages 62 

wills 02 

manufactures  of. 59 

population  of 5S 

property,  real  estate  and  personal,  assessed  valuation  of 59 

quarry  statistics  of. 59 

railroads  in 59 

Bchool  system  of .. 59 

temperature  and  rainfall  of. 08 

."Mississippi — 

agricultural  statistics  of. G2 

area  of. vii,  viii,  (52 

derivation  of  name  of 62 

elections  in 63 

electoral  college  of 64 

forests  of 63 

interest  in,  rates  of. 64 

laws  of,  in  relation  to — 

deeds 64 

descent  and  distribution  of  property 64 

dower 04 

exemptions 04 

married  women 60 

mechanic's  liens 05 

mortgages 60 

wills 65 

manufactures  of 63 

population  of 02 

property,  assessed  valuation  of. 63 

schools  of 64 

temperature  and  rainfall 62 

timber  supplies  of. 63 

Missouri — 

agricultural  statistics  of. 66 

area  of viii,  66 

derivation  of  name 65 

elections  in ....  67 

electoral  college  of. 67 

interest  in,  rates  of. „ 67 

laws  of,  in  relation  to — 

deeds 68 

descentand  distribution  of  property 68 

dower 68 

exemptions 68 

married  women 69 

mechanics'  liens 69 

mortgages 69 

wills 69 

manufactures  of. 67 

mine  statistics  of 67 

population  of 66 


228  INDEX. 

Page 
Missouri — continued. 

quarry  statistics  of 67 

railroads  in 07 

St.  Joseph,  trade  of. 66 

St.  Louis,  iiK lust rie.s  and  commerce  of 66 

school  system  of. (17 

temperature  and  rainfall  of. GG 

Montana — 

agricultural  and  grazing  areas  of. 70 

agricultural  statistics  of. 70,  71 

altitudes  of. 70 

area  of viii,  70 

climate  of. 70 

commerce  and  trade  of 71 

education  in 72 

farm  land-,  rich  and  productive 71 

forests  of 70 

interest  in,  rates  of. 72 

laws  of,  in  relation  to — 

deed- 72 

descent  and  distribution  of  property 72 

dower 7l' 

exemptions 72 

married  women 73 

mechanics'  liens 73 

mortgages 73 

wills...: 73 

manufactures  of. ,  71 

mining  in 71 

population  of 70 

property  in,  assessed  valuation  of. 72 

railroads  in 71 

scenery  of 80 

stock  raising  in 71 

temperature  and  rainfall  of. 70,  71 

water  navigation  in 70 

Nebraska — 

agricultural  statistics  of 74 

area  of viii,  74 

coal  product 75 

derivation  of  name  of 73 

educational  sy.-tem  of 75 

elections  in 75 

electoral  college  of. 75 

interest  in,  rates  of. 75 

laws  of,  in  relation  to — 

deeds 75 

descent  ...., 75 

distrihution 75 

dower 75 

exemptions 76 

married  women 70 

median ice'  liens 70 

mortgages 76 

wills 70 

manufactures  of 74 

population  of 74 

property  in,  assessed  valuation  of. 75 


INDEX.  229 

Nebraska — continued. 

railroads  of 75 

stock  raising  in j"  74 

temperature  and  rainfall  of. 73 

Nevada — 

agricultural  statistics  of 77 

area  of : .."."Ik,  78 

climate  of. 77 

derivation  of  name  of. 77 

elections  in 78 

electoral  college  of. 78 

interest  in,  rates  of "  78 

laws  of,  in  relation  to — 

deeds 78 

descent  and  distribution 79 

dower 79 

exemption 79 

married  women 80 

mechanics'  liens 80 

mortgages 80 

wills 80 

manufactures  of. 78 

mineral  resources  of. 78 

mining  statistics  of. ]  78 

mud  lakes  and  warm  springs  of 77 

population  of 77 

railroad  transportation  in 78 

school  system  of. 78 

temperature  and  rainfall  of. 77 

New  Mexico — 

agricultural  statistics  of. 81 

altitudes  of 81 

area  of. ix,  80 

climate  of. 81 

derivation  of  name  of 80 

elections  in 82 

forests  of 82 

grapes,  varieties  of. 81 

interest  in,  rates  of. 82 

land  of,  divisions  and  character  of. 81 

laws  of,  in  relation  to — 

deeds 82 

descents 83 

dower 83 

exemptions 83 

married  women 84 

mechanics'  liens 84 

mortgages .' 84 

wills 84 

manufactures  of. 82 

mine  statistics  of. 82 

mining  industry  in 82 

products  of,  semi-tropical 81 

property,  taxable,  assessed  valuation  of. 82 

railroads  in 82 

raisins  and  wine,  manufactures  of.. 81 

temperature  and  rainfall  of. 81 


230  INDEX. 

Pagb 
Oklahoma — 

agricultural  and  timber  resources  of. 39 

area  of,  estimated 39 

climates  of. 39 

derivation  of  name  of 39 

Territory,  bill  for  organization  of,  as  a 39 

Oregon— 

agricultural  statistics  of ;  bo 

area  of. lx,~ 

climate  of,  tine 85 

dairy  products  of. 85 

derivation  of  name  of 84 

elections  in ,s7 

electoral  college  of 8/ 

fisheries  of 

forests  of 86 

interest  in,  rates  of. 8/ 

laws  of,  in  relation  to — 

deeds 

descent  and  distribution  of  property 87 

dower N 

exemptions 87 

married  women 88 

mechanics'  liens 

mortgages s^ 

wins....: g 

manufactures  of 80 

mineral  resources  of. 86 

population  of 85 

property  of,  gross  value  of. 87 

railroads  in s'¥ 

schools  statistics  of 86 

temperature  and  rainfall  of 85 

valleys  and  navigable  waters  of. 85 

wool  of. 86 

Public  domain,  land  offices  located  on,  list  of 107 

Public  lands  or  public  domain,  subject  to  the  control  of  Congress 109 

agricultural ■  1J« 

college  scrip,  use  of 1  IS,  119 

classification    of. HO 

coal  entry  of,  regulations  governing 185 

rulings  respecting 180 

desert  land  laws,  rulings  under 160 

special  and  genera]  legislation  relating  to i;>7 

disposal  of,  by  private  entry 117 

manner  of U4 

entries  of,  amendments  of 1-89 

rulings  in  reference  to 190 

Of  dead  Or  insane  persons,  how  completed 125 

entryman,  naturalization  of. !'!l 

rulings 192 

fees  payable  at  time  of  final  proof. 124 

when  application  is  made 123 

final  proof,  how  made 1^ 

grasshoppers,  sufferers  from,  relief  of-..  132 


INDEX.  231 

Page 
Public  lands  or  public  domain — continued. 

homestead  acts  and  amendments,  settlement  under 120 

commutation  of,  at  end  of  six  months 127 

entries,  additional,  in  railroad  limits 130,  130 

how  made 122 

procedure  in  district  land  offices 122 

several  classes  of. 121 

soldiers' and  sailors' additional 130,  137,  138 

entry  of,  form  of 128 

law  and  its  benefits,  essence  of 121 

on  sale  of,  not  recognized 126 

privilege 122 

rights,  attempted  transfer  or 128 

rulings 132-142 

act  of  June  15, 1880 127,  140 

adjoining  farm 129,  136 

commutation  of 127,  139 

death 136 

Indian 139 

requirements  under 135 

soldier's  declaratory  statement 137 

homesteads,  act  of  June  15,  1880 127,140 

adjoining  farm,  how  entered 129, 136 

on,  abandonment  of,  contests 127 

effect  of. 126 

how  paid  for 122 

soldiers',  rules  governing 129,  137 

land  offices,  list  of. 107 

locations  of,  with  warrants 118 

mineral 172 

adverse  claims 174 

laws,  mining  rulings  under 178 

rulings  under 176 

placer  claims,  patents  for 175 

title  to,  manner  of  obtaining,  forms,  etc 186 

vein  or  lode  claims,  title  to,  etc 172 

personal  appearance,  at  district  land  offices 123 

when  may  be  dispensed  with 123 

pre-emption  filing,  change  of,  into  a  homestead  entry 127 

laws,  etc 142 

rulings  under 144 

proof  at  other  than  district  land  offices 125 

public  land  States  and  Territories,  names  of 109 

offering  and  private  entry  of. 116 

purchase  of,  at  public  sale H' 

receiver's  receipt  for  money  paid  for 117 

relinquishments  of,  filing  of  proceedings  upon 126 

revolutionary  bounty  land  scrip,  issue  and  uses  of 120 

saline  act,  limitation  of  operations  of.. 107 

rulings  under 1"° 

salines  or  salt  springs,  determination  of. 167 

disposal  of. 167 

sale  ofi ],;7 

settlement  and  residence  required J23 

supreme  court  scrip,  issue  and  uses  of 1 

surveyor-general's  certificates,  form  of  application  under 1 

uses  of. 119 

surveys,  execution  of. ]''-- 

land  parceling,  methods  and  system  ol J0» 

special,  on  private  application 114 


y 


232  INDEX. 

Pack 
l^iblic  lands  or  public  domain — continued. 

timber  and  stone 161 

act,  rulings  under 165 

Bworn  statement,  form  of. 163 

testimony  of  applicant,  form  of. 164 

timber-caltare  affidavit 150 

laws,  etc 148 

rulings  under 158 

townsite  rulings 170 

townaites  on,  instructions  respecting 108 

Railroad  grants,  hints  relative  to 108,  206 

Roles  of  Practice  in  cases  before  the  General  Land  Office,  district  land 

offices,  and  the  departme'nt -: 207,  219 

Surveying  meridians  and  base  lines,  principal,  geographical  positions  of..l09-l  12 

Utah — 

agricultural  statistics  of •  89 

area  of. 1X' ca 

climate  of 80 

commercial  traffic,  value  of 00 

derivation  of  name  of. 88 

elections  in 01 

Great  Salt  lake,  area  of,  etc 89 

basin,  area,  altitude,  climate,  scenery,  and  produc- 
tions of. 89 

interest  in,  rates  of. 91 

laws  of,  in  relation  to — 

deeds 01 

distribution  and  descent 91 

dower '•••  01 

exemptions 01 

married  women 02 

mechanics'  liens 02 

mortgages 02 

wills 02 

manufactures  of. 00 

mineral  resources  of. 00 

railroads  in | 

school  system  of. 

temperature  and  rainfall  of...... 89 

valleys,  foot-hills,  slopes,  and  mountains  of. 89 

Washington — 

agricultural  development  of 03 

statistics  of ;  08 

area  of 'x> ;t^ 

climates  of. 02 

elections  in 06 

exports  and  imports  of 08 

fisheries  of. 

forests  of '■'* 

same  in,  etc , "' 

horticulture  in 93, 1)4 

institutions  of 95 

interest  in,  rates  of 05 

laws  of  in  relation  to — 

deeds 95 

descent  and  distribution 9o 

personal  estate 96 

dower 96 


INDEX.  233 

Washington — continued.  Page 

laws  of,  in  relation  to — 

exemptions „ og 

married  women ...77. .7777!  % 

mechanics'  liens 7777! 90 

mortgages .......!7'7..7!777 % 

wills ; qq 

manufactures  of. 94 

mineral  resources  of. !!!...........  94 

population  of 9" 

property,  taxable,  value  of. V. ..V................     95 

Puget  sound,  area  and  description  of !........  7.7.92  93 

shipbuilding  on ....... ~' 93 

railroads  in ......*.  95 

schools  system  of. .7.777.7  95 

stock  raising  in 77777777  94 

temperature  and  rainfall 7777"  92 

valleys  of,  etc ;....7.....77.7..777....7.77.77    93 

western,  products  of. .............!! ...... ......93  94 

Wisconsin — 

agricultural  statistics  of .. 97 

area  of. ..i77777.777777.77777"^  97 

derivation  of  name  of '97 

elections  in 77!  7!  98 

electoral  college .....    93 

fish  culture  in „ 77777!  98 

institutions  of. "..77. ..7777'.!        .....     98 

interest  in,  rates  of ."7.777  98 

laws  of,  in  relation  to — 

deeds gg 

descent  and  distribution  of  property 7.7.7.7    99 

dower ""*'  99 

exemptions ',    99 

married  women 77!  ]Q0 

mechanics'  liens joo 

mortgages 100 

•    wiiis .7.777777'.  100 

manufactures  of. 93 

mineral  resources  of. 98 

population  of '  97 

railroads  of 7777.7.77.7.77.77.7.77."  98 

school  system  of. "77.7!  98 

temperature  and  rainfall  of. 777. 77!!  97 

water  communications  of. 7.77.7.. ......  98 

Wyoming — 

agricultural  statistics  of. 101 

area  of vi'ii!'ix,  100 

coal  output 101  102 

rich  in '  101 

derivation  of  name  of .77777777.77.  100 

elections  in .....'  ]02 

farming  in,  dependent  on  irrigation 100 

insane  and  other  asylums  in 102 

interest  in,  rates  of. 102 

irrigation  canals,  progress  in  building 100 

Larimie  chemical  works,  daily  product  of 103 


234  INDEX. 

Pacw 

Wyominc — continued. 

laws  of.  in  relation  to — 

deeds 102 

descent  and  distribution 103 

dower 103 

exemptions 103 

married  women 103 

mechanics'  liens 103 

mortgages 103 

wills..:: 103 

manufactures  of. 101.  102 

mining  progreasing  in 101 

not  a  timber  country 102 

oil  fields  of 102 

population  of 100 

products  and  yield  of. 100 

property,  assessed  valuation  of. 102 

railroads  in 102 

rock  species  in,  abundant 102 

school  system  of. 102 

soda,  common  salt,  etc 102 

stock  raising  in 101 

temperature  and  rainfall 100 

Yellowstone  National  park  located  in - 102 


B.  C.  TI 

629  F  St.,  N.  W.,  Washington,  D.  C. 


Attention  wholly  given  to  cases  before  the  Land  Department.    Eight  years, 

from  1880  to  1888,  Register  of  U.  S.  land  office  at  Grand  Forks,  Dakota. 

Nine  years  (from  1871  to  1880)  experience  in  the  Land  Department  at 

Washington,  viz  :  five  years  in  General  Land  Office,  and  lour  years 

Law  Clerk  in  the  office  of  the  Secretary  of  the  Interior 

considering  contested  cases  of  every  character. 


O.  H.  HERRING, 

(Formerly  General  Land  Office.) 

ATTOBUEY    .A.T    TjJ^W, 

Koom  38  Le  Droit  Building,  Washington,  D.  C.  Lock  box  409. 

Practices  before  the  General  Land  Office,  Secretary  of  the  Interior,  the  Depart- 
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to  contested  and  ex-parte  cases  arising  under  the  public  land 
laws.    All   kinds  of   Land   Scrip  bought  and  sold. 
Refers  to  Hon.  James  F.  Wilson  and  Hon.  Wm.  B.  Allison,  U.  S.  Senators  from 
Iowa;  Hon.  D.  B.  Henderson  and  Hon.  John  H.  Gear, 
Members  of  Congress  from  Iowa. 


LUTHER  HARRISON, 

Late  Principal  Clerk  on  Private  Land  Claims,  Chief  Clerk,  and  Asst.  Commissioner  General 

Land  Office. 

ATTOBITBY    .A.T    I_,.A_"W, 

Private  land  Claims,  Agricultural  and  Mining  Cases. 

Rooms  37  and  38  Le  Droit  Building,  Washington,  D.  C. 

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8vo.,  sheep,  $18.00 J  separately,  each  volume 3  00 

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List  of  Pensioners  on  the  Roll,  January  1,  1S83,  giving  the  name  of  each 
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Decisions  of  the  Department  of  the  Interior  in  cases  relating  to  Pension  Claims, 
and  Laws  of  the  United  States  granting  and  governing  pensions. 
Vol.  1,  1887,  sheep,  $3.00  ;  vol.  2, 1888 3  00 


W.  H.  LOWDERMILK  &  CO., 

New  and  Second-Hand  Booksellers  and  Dealers  in  Government 

Publications. 

1424  and  1426  F  St.,  N.  W.,  Corcoran  Building, 

WASHINGTON,  D.  C. 

Our  Stock  of  United  States  Government  Publications  is  the  Largest  in  Existence, 

and  Embraces  all  Gmgresxional,  Departmental,  and 

Special  Issues. 


VAN  H.  MANNING, 


ATTORNEY    AT    LAV/, 


Pacific  Building,  622  F  St.  H.  W.,  Washington,  D.  C. 


PRACTICES   BEFORE   THE   COURTS,   DEPARTMENTS,   AND 
COMMITTEES   OF   CONGRESS. 


DUANE  E.  FOX, 
ATTORNEY  AND  COUNSELLOR  AT  LAW, 

Pacific  Building,  622  F  St.,  Washington,  D.  C. 

Practices  before  the  Supreme  Court  of  the  United  States,  Supreme  Court  of  the 

District  of  Columbia,  the  Executive  Departments,  and  special  Tribunals. 

Has  had  five  years'  experience  in  the  General  Land  Office  and 

is  specially  qualified  to  attend  to  cases  involving 

PUBLIC    LANDS     AND     MINES. 

Prefers  to  Hon.  Thomas  M.  Cooley,  Chairman  of  the  Interstate  Commerce 

Commission ;  Hon.T.W.  Palmer,  U.  S.  Senate,  and  Hon.  B.  M.  Cutcheon, 

House  of  Representatives,  and  to  prominent  lawyers  in  Michigan. 

IP.  IK.  SZEITIUl-OTTIR,, 

ATTORNEY  AT  LAW. 
Room  74  Atlantic  Building,  Washington,  D.  C. 

Practices  in  all  the  Courts  and  Departments  at  Washington.    Cases  involving 

title  under  the  Mining,  Townsite,  Pre-emption,  Homestead,  and  other 

laws  for  the  disposition  of  the  public  lands,  in  the  General 

Land  Office  and  Dept.  of  the  Interior  a  specialty. 


M.  D.  BRAINARD, 

(Lato  Law  Clerk  Interior  Department.) 

Attorney  and  Counsellor  at  Law, 

PACIFIC    BUILDING, 

WASHINGTON,  D.  C. 


MAKES  A  SPECIALTY  OF  ALL  MATTERS  RELATING  TO  PUBLIC 
LANDS  AND  MINES  BEFORE  THE  COMMISSIONER  LAND  OFFICEr 
AND  SECRETARY  OF  THE  INTERIOR,  AND  SUPREME  COURT  OF* 
THE  UNITED  STATES. 


LAND   CLAIMS   A  SPECIALTY. 

JL  SL  l3H£KIDiNtJ&S» 

land.- ATTORNEY  at  LAW.-*** 

St.  Clond  Building,  Cor.  Ninth  and  F  Streets, 

WASHINGTON,  D.  C. 

PRACTICES    BEFORE    UNITED    STATES    GENERAL    LAND 
OFFICE  AND  ALL  THE   DEPARTMENTS. 


CONTESTED  LAND  CASES,  PRIVATE  LAND  CLAIMS.  MINING,  PRE- 
EMPTION, AND  HOMESTEAD  OASES.  PROSECUTED  BEFORE  THE 
GENERAL  LAND  OFFICE,  DEPARTMENT  OF  TDK  INTERIOR,  AND 
THE  BUPREME  COURT,  AND  ALL  CLASSES  OF  CLAIMS  BEFORE 
THE  SEVERAL  EXECUTIVE  DEPARTMENTS. 


A   DIGEST 

OF  THE 

DECISIONS  |  DEPARTMENT  OF  THE  INTERIOR  AND  THE  GEN'L  LAND  OFFICE, 

In  Cases  relating  to  the  Public  Lands,  from  July,  1881,  to  Jan.,  1887. 

Prepared  by 

WILLIAM  B.  MATTHEWS  and  WILLIAM  O.  CONWAY. 

RECOMMENDATIONS. 
This  work  has  the  approval  of  the  General  Land  Office,  and  a  copy  of  the 
same  has  been  placed  in  each  one  of  the  district  land  offices  in  the  U.  8. 
[From  the  Attorney-General  of  the  United  States.] 

Department  of  Justice,  Washington,  D.  C,  November  21,  1888. 
My  Dear  Sir— I  acknowledge,  with  pleasure,  the  receipt  of  a  copy  of  Digest  of  Land  De- 
cisions, prepared  by  yourself  and  Wm.  O.  Conway,  which  you  were  kind  enough  to 
send  me  a  few  days  since. 
I  have  examined  the  wor 
aluable  contribution  to  tt 
Bceive  the  commendation  ui 
Hoping  this  book  may  meet  with  the  favor  it  so  justly  merits,  I  am  yours  very  truly, 
Wm.  B.  Matthews,  Esq.,  Interior  Dept.  A.  H.  GARLAND. 

[From  the  Solicitor-General  of  the  United  States.] 

Department  of  Justice,  Washington,  October  23, 1888. 
Messrs.  Matthews  and  Conway. .  ^  .  ... 

Gentlemen— Your  Digest  of  the  "Decisions  of  the  Department  of  the  Interior  and  the 
General  Land  Office  "  is  a  work  of  substantial  utility  and  merit.  It  supplies  a  want  lor 
those  engaged  in  land  office  practice  which  has  long  been  felt,  and  now,  so  far  as  I  know, 
for  the  first  time  met.  Without  the  Digest  it  would  be  very  tedious,  if  not  impossible, 
in  anv  reasonable  time  to  acquire  a  knowledge  of  the  practice  ol  the  Land  Office  that 
would  properly  qualify  an  attorney  to  take  charge  of  that  class  of  business.  Yv  ith  the 
Digest,  a  very  brief  examination  of  any  decided  question  will  afford  the  basis  lor  sate 
advice  and  intelligent  action.    I  am  yours  truly,  G.  A.  JENKS. 

[From  Hon.  H.  L.  Muldrow,  Assistant  Secretary  of  the  Interior.] 

Department  of  the  Interior,  Washington,  August  27, 1888. 
Messrs.  Matthews  ^r  C  <~!onway. 

Gentlemen— Your  Digest  of  Land  Decisions  seems  to  have  been  prepared  with  the 
care  that  insures  accuracy  and  inspires  confidence,  audi  regard  itas  an  invaluable  ad- 
dition to  the  libraries  of  attorneys  practicing  before  the  local  and  General  Laud  Offices, 
as  well  as  a  useful  compendium  and  reference  book  to  those  engaged  in  general  practice, 

I  have  not  had  the  time  to  give  it  a  thorough  examination,  but  am  confident  I  shall 
find  it  of  great  assistance  in  expediting  the  official  work  that  comes  to  my  desk.        . 

Very  respectfully,  H.  L.  MULDROW. 

[From  Hon.  Zach  Montgomery,  Assistant  Attorney  General.] 
Department  of  the  Interior,  Office  of  the  Assistant  Attorney  General, 

Washington,  D.  C,  August  25, 1888. 
Messrs.  Matthews  and  Conway.  .        .... 

Gentlemen— I  hasten  to  thank  you  for  a  copy  of  your  new  publication  entitled  Mat- 
thews and  Conway's  Digest  of  Land  Decisions." 

Judging  from  the  brief  examination  I  have  been  able  to  give  your  book,  I  am  led  to 
believe  that  I  shall  find  in.it  a  most  helpful  assistant  in  discharging  the  legal  work  of  my 
office;  and  I  am  sure  that  it  would  make  a  valuable  addition  to  the  law  library  of  any 
American  attorney  who  has  anything  to  do  with  the  administration  of  the  public  lana 
laws  of  the  United  States.    Very  respectfully,  ZACH.  MONTGOMERY. 

[From  S.  V.  Proudfit,  editor  of  Land  Decisions.] 

Department  of  the  Interior,  Washington,  D.  C. 
Messrs.  Matthews  and  Conway.  .„  .     ,        , 

The  Digest  of  Land  Decisions  which  you  have  so  carefully  prepared  will  be  found  a 
valuable  addition  to  the  librarv'of  attorneys  practicing  before  the  Land  Department. 
It,  has  the  claim  of  novelty  as  well  as  merit,  covering  not  only  the  Departmental  decisions, 
but  the  leading  cases  also  in  the  United  States  Supreme  Court.  . 

It  is  in  fact  a  library  in  itself,  and  will  be  accordingly  appreciated  by  the  profession. 

S.  V.  PROUDFIT,  Editor  of  Land  Decisions. 

[From  Hon.  S.  M.  Stockslager,  Commissioner  General  Land  Office.l 

Department  of  the  Interior,  General  Land  Office, 

Washington,  D.  C,  February  11, 1888. 
W.  B.  Matthews  and  W.  0.  Conway.  .,  _..       . 

Gentlemen— I  am  informed  that  you  have  completed  and  have  now  in  press  a  Digest 
of  the  Decisions  of  the  Department  of  the  Interior,  comprehending^  period  lrom  July 
17, 1887.  to  whic' 
is,  with  referen 
Digest  of  the  Decisions  of  the  Supre— 
covering  the  same  period.  Such  a  Digest  has  been  long  needed,  not  only  by  the  officers 
of  the  Government,  but  by  all  the  judges,  lawyers,  and  civil  officers  residing  111  the  puD- 
lic  land  States.  I  feel  satisfied  from  my  knowledge  of  your  recognized  ability,  accuracy, 
and  your  familiarity  with  the  subject,  that  your  Digest  will  be  a  complete  success. 
Yours  very  truly,  s-  M.  S1O0K.&1jAIj1!,k. 


:     PADGETT.  GEORGE  E.  EMMONS. 


PADGETT  &  EMMONS, 


£  Ort  gyul  M im^  A 1 1  <)  r n 0 y s  % 


Atlantic  Building, 


Washington,  D.  C. 


TEN  YEARS  PRACTICE  BEFORE  THE  GENERAL  LAND 
OFFICE.  ENTERIOR  DEPARTMENT,  AND  UNITED  STATES 
SUPREME  COURT. 

GIVE  SPECIAL  ATTENTION  TO  ALL  CLASSES  OF  LAND 
AND  MINING   BUSINESS. 

REFER  TO  JUDGES  OF  OUR  COURTS,  LAND  OFFICE 
OFFICIALS,  AND  PROMINENT  LAWYERS  AND  LAND  AT- 
TORNEYS  OF  TDK    WEST. 


William  B.  Matthews, 

(Late  Assistant  Chief  of  the  Pre-emption  Division,  and  Examiner  of  Mineral 

Contests, — one  of  the  editors  of  "  Matthews  and  Conway's 

Digest  of  Land  Decisions.") 

ATTORNEY  AT  LAW 

Offices :  Atlantic  Building, 

WASHINGTON,  D.  C. 

WILL  GIVE  SPECIAL  ATTENTION  TO  AND  PEOCURE  PATENTS  IN 
ALL  CLASSES  OF  LAND  AND  MINERAL  ENTRIES,  VIZ :  PRE-EMP- 
TION, HOMESTEAD,  TIMBER  CULTURE,  DESERT,  TIMBER  AND 
STONE,  TOWNSITE,  MINERAL  AND  COAL;  ALSO  WARRANT  AND 
SCRIP  LOCATIONS ;  PRIVATE  LAND  CLAIMS  AND  DONATIONS. 


Refers  by  permission  to  Hon.  N.  C.  McFarland,  Ex-Commissioner  General 

Land  Office ;  Hon.  Binger  Hermann,  M.  C. ;  Hon.  Thomas  M.  Bowen, 

U.  S.  S. ;  Hon.  S.  M.  Stockslager,  Commissioner  General  Land 

Office ;  and  to  public  men  generally  throughout  the  West. 


GEORGE  J.  MECHLING, 

Attorney    at    Law, 

-*#^=h- Offices:    Atlantic    Building,  -*>t-H|> 

WASHINGTON,  D.  C. 


PRACTICES    BEFORE    THE    COURTS,   DEPARTMENTS  AND 

COMMITTEES   OF  CONGRESS. 

LAND   AND   PENSION   CASES   A  SPECIALTY. 


PATENTS. 

doited  States  and  Foreign  Patents  procured.    I^vestigatione  and  Opinions  on 

.  and  Validity  and  wfringement 
of  Patents,  Interferences,  Appeals,  etc. 

Upon  receipt  of  a  Bketcfa  <>r  model  and  description  of  an  invention,  I  will  give 

my  opinion,  based  upon  my  knowledge  of  the  art,  as  to  its  patentability, 

and  snch  further  information  and  papers  as  will  enable  you  to 

proceed  with  an  application  for  letters  patent. 

If  you  wish  to  have  your  case  prepared  and  filed  at  once,  send  $20  with  the 

'  sketch,  etc.,  and  upon  receipt  of  which  all  papers  will  be  forthwith 

prepared  and  forwarded  for  your  examination,  signature,  < >tc. 

gS$~  My  fee  in  an  ordinary  case,  including  one  sheet  of  draw  in-  i 
W.   B.   MATTHEWS, 

^TTOZE^ZSTIH]^"    J^JV     ZD-ATW, 

Aflantic  Building Washington,  D.  C. 

l,   K    SICKEIB,  J-  "•  in.'K(<iX..lK.. 

motion  ami  Mineral  Lateol  General  Land  Office, 

tsions,  •  len'l  Land  odi<-<-. 


SICKELS  &  HICKCOX, 
Land  and    Mining    Attorneys, 

Room  4,  No.  700  Ninth  St.  N.  W.,  opp.  Gen'l  Land  Office, 

P.  0.  Box  235.  Washington,  D.  C. 

Special  attention  given  to  public  land  cases  before  the  <  leneral 
Land  Ofhceand  Department  of  the  Interior. 


JOHM   PAUL  JONES.  REESE  H.  VOORHEES, 

Washington,  D.  C.  Indiana, 


CTOZLSTIES  &g  yoobhees, 

Attorneys  and  Counsellors  at  Law, 

Pacific  Building,  622  F  Street,  Washington,  O.  C. 

Booms   !«'•.  17.  Is.  49  and  50. 


tice  before  all  Courts  and  Departments.    Particular  attention  given  to 
a  before  the  General  Land  Oilicc 


tffi 


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